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Land Use & Zoning Questions & Answers
1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: I have an Air bnb in FL. Currently there are no restrictions on rentals. Can hoa amend Ccr’s and prohibit air bnb’s?
Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 4, 2023

Yes, they can but whether or not it is applicable to a current owner has yet been addressed in a published opinion by appellate courts. In my opinion, they cannot be applied retroactively but it would take a judicial decision to convince some association attorneys. Condominium statutes prohibit... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Land Use & Zoning and Landlord - Tenant for New York on
Q: I want to buy a property for personal use, not for profit or rental, what kind of tax is involved if any in NY state LLC
Jason D. Jones
Jason D. Jones
answered on Jul 4, 2023

If you are only using the property for personal use then you would not put it in an LLC and you would only pay property tax.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: I've had 2 vehicles in my yard for over a month. 1 does not run and doesn't have rear tires.

Is it legal or possible in NC to take ownership of vehicle so repairs can be made? The vehicles also need to be inspected, have insurance put on them, and tags and registration.

Ben Corcoran
Ben Corcoran
answered on Jul 3, 2023

You can apply for an abandoned vehicle title, this is done either by filling out the form found online or going to your local DMV office. It will take some time but is possible.

1 Answer | Asked in Land Use & Zoning for Florida on
Q: Irrigation question

My nieghbor parks his employers truck right up to the property line in the grass and complains my irrigation gets his truck wet. I have adjusted them and informed him what day and time it runs..he refuses to move his vehicle into his empty driveway. Says he will take legal action for idk.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 2, 2023

What is your question? A wet truck does not constitute money damages which would justify a lawsuit. Call the neighbor's bluff.

1 Answer | Asked in Land Use & Zoning for Alabama on
Q: My nephew wants to build a house on land I own. He said my name has to come off the deeds. Is that true?

I have no problem with him building a house on the land but I want my name to remain on the deeds.

T. Augustus Claus
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answered on Jun 30, 2023

If you own the land and your nephew wants to build a house on it, it is not necessarily true that your name has to be removed from the deeds. The ownership of the land can be structured in a way that allows your nephew to build the house while still maintaining your ownership rights.

Q: Can you sue a builder or developer for failing to provide adequate parking in a community?

116 single family homes in a community with only 17 parking spaces. No driveways, no street parking, no alternatives. HOA is threatening to have over 50+ cars parked in the street.

Robert Kane
Robert Kane
answered on Jul 1, 2023

It seems unlikely a 116 single family home development would be approved with parking for only 17 vehicles. Do the homes have garages?

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1 Answer | Asked in Foreclosure, Land Use & Zoning, Landlord - Tenant and Probate for North Carolina on
Q: Can I claim the more left of from foreclosure if the loan was in my husband's name but deed was in mine?

My husband took off in 2018 I paid the mortgage and went to nursing school. I was fine right up.until the pandemic. The mortgage was in his name but the deed in mine. I made the mortgage payments, am I entitled to and of the funds left over from the foreclosure sale? I looked online for some reason... View More

Ben Corcoran
Ben Corcoran
answered on Jun 29, 2023

Based on this fact pattern, you should be the recipient of any excess funds in the foreclosure process. I would advise that you hire an attorney to represent you during this process to ensure that your interests are heard in court.

1 Answer | Asked in Real Estate Law and Land Use & Zoning on
Q: How do I force the city to rezone my property from agriculture to housing??

When our 40 acres was annexed we were given agricultural zoning. The future land use plan shows our property as high density residential. We have partnered with a developer to permit a residential project but the city disapproved our zoning request and we had no variance requests. If the future... View More

Anthony M. Avery
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answered on Jun 28, 2023

You will have to appeal that administrative decision. I have no idea where you are at, but there may be one more administrative level of appeal. Your lawyer should have advised you of appeal options before the hearing. You will not be able to "force" the City to do anything. Your so... View More

2 Answers | Asked in Land Use & Zoning for New York on
Q: What kind of lawyer would be familiar with nys fire code and whether it applies to Dutchess county conservation developm

Specifically the law seems to allow local fire departments to deviate if they feel access is sufficient. Can that be challenged legally?

T. Augustus Claus
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answered on Jun 27, 2023

An attorney specializing in municipal or local government law, or specifically in fire code and regulations, would likely be familiar with the New York State fire code and its applicability to Dutchess County conservation development.

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1 Answer | Asked in Real Estate Law, Business Formation, Business Law and Land Use & Zoning for Tennessee on
Q: Can my real estate partner sell the property which we built and I operate my small business on? What are my rights and

Options for keeping my portion of the land that my business is located? If we cannot agree to subdivide the majority of the entire property into lots for resale, with him getting reimbursed for all of his expenses prior to me drawing any shares from the sale, will the property be ordered... View More

Anthony M. Avery
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answered on Jun 27, 2023

Consult with an attorney to either work out your differences, or dissolve the partnership/sue for partition of real property.

1 Answer | Asked in Land Use & Zoning for Utah on
Q: there is a field can i visit it?

the two entrances are marked with "no trespassing" signs but the location is marked as a park on google maps and has signs posted marking a curfew on the park. it specifically calls it a park. It's not very well maintained but there are a fair amount of people there often.... View More

Tim Akpinar
Tim Akpinar
answered on Jun 26, 2023

I'm sorry your question remains open for four weeks. At this point, one option might be to check with local lawmakers, representatives or other officials. You could also check with state park, wildlife, or natural resources agencies if they might be able to offer guidance. Good luck

1 Answer | Asked in Civil Rights, Land Use & Zoning, Landlord - Tenant and Municipal Law for Maryland on
Q: What are the laws for parking my live in cargo van at my family’s, single family rental home?

My mom has a money hungry landlord that I’m pretty sure has been reporting us for parking in front of my family’s home even though we have her permission and her rent is up to date. My mom has health problems so I need to be around as her oldest to help out but there’s no room to actually... View More

Shaneka Johnson
Shaneka Johnson
answered on Jun 22, 2023

Parking rules and regulations are typically covered in your (or your parent's) lease agreement. Additionally, if the rental property is subject to a homeowner's association, they may have additional parking rules and regulations. Further, if your vehicle is parked on a public street there... View More

1 Answer | Asked in Land Use & Zoning, Public Benefits and Construction Law for New York on
Q: Am I required to have a permit to block public parking space(s) in a private community in the state of NJ?
Tim Akpinar
Tim Akpinar
answered on Jun 20, 2023

You may have better chances of a response by reposting this in New Jersey, since the question asks about a parking setting there. Good luck

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Am I asking too much to protect myself from potential damages by my neighbors contractor?

My neighbor has informed me that he is installing an Additional Dwelling Unit in her backyard. Although a permit has not apparently been submitted yet, he is pressuring me to sign an approval document from his contractor which stated nothing more that the hours and general work performed to have... View More

James L. Arrasmith
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answered on Jun 17, 2023

It is not unreasonable to request that the contractor provide proof of liability insurance to protect you in the event of any damage to your property during the installation of the Additional Dwelling Unit. It is also reasonable to request that any information regarding the need to access your half... View More

1 Answer | Asked in Real Estate Law, Tax Law, Land Use & Zoning and Landlord - Tenant for California on
Q: If a property, with one APN, has 5 separate single-family homes on it, is that considered 'commercial' property?

Each of the single-family homes are rentals and have their own address. All are within the same APN number with the county for property tax purposes. Is this considered a 'commercial' property, because of 5 units, in terms of bank financing and insurance purposes? Or is this considered... View More

James L. Arrasmith
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answered on Jun 17, 2023

The classification of a property as commercial or residential can depend on a variety of factors, including the zoning of the property, the intended use of the property, and the number of units on the property. In the case you described, where a single property has multiple single-family homes on... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: We have odd neighbours that walk and drive on a shared easement through our backyard many times a day. What can we do?

Hi we live on a plot with several acres of land. However an easement was created on our land back in the 1960’s as a back access to our neighbors plot. Before either house was built. Decided between friends I believe. This easement unfortunately runs through our backyard and close to our house,... View More

Mark Oakley
Mark Oakley
answered on Jun 17, 2023

You will need to do some more research or provide more facts, preferably in private with counsel. (1) How is the easement worded and recorded in the land records? (2) What was the actual purpose or circumstances under which the easement was first created--i.e., was it created "by... View More

1 Answer | Asked in Land Use & Zoning for Rhode Island on
Q: We live in Charlestown RI and recently an inactive quarry has expanded. They have left a buffer of about 25 feet from

our property line but continue to expand. How do we get them to stop? Our bucolic way of life is gone as well as my property value.

Andrew Bilodeau
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answered on Jun 15, 2023

Is the expansion causing any disruption in your enjoyment of your home, ie. vibrations, blasting, dust, etc.? I can be reached directly at andrew@bclawri.com. Thank you.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: What are my options if a licensed demolition company tries to put Lien on my property?

Hello,

I had my property demolished recently and post demolition the contractor is asking for more money than the agreed amount stating that the city inspections had them fix the approach to garage as it was broken. We had gone back and forth over emails and texts as whose fault its, with... View More

David Soble
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David Soble
answered on Jun 12, 2023

An attorney would need to review your current work order agreement with the contractor. Generally speaking, a licensed contractor has a legal remedy for when they are not paid on a particular project - they can record a construction lien on the underlying property, and, if payment is not... View More

1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: survey shows our property on top of a municipality street I cannot find a dedication or easement. Who owns that area

The municipal tax map shows a paper street that conflicts with my survey also has incorrect property lines along the street and other portions of our property. How can the township acquire our property with no record of transfer. I cannot find a dedication, easement or Right of way. Nothing shows... View More

Morris Leo Greb
Morris Leo Greb
answered on Jun 11, 2023

If the road were to be vacated, it would be divided between the properties that abut it. If you have a title insurance policy, call the title company to discuss the problem. If you have a survey, speak to the municipal engineer.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: Our deed restrictions clearly state "only single family dwellings", my neighbor converted garage into a house.

He is an investor, he has renter's in the property. Also, running a business, I would like to hire an attorney that can help me get this resolved.

John Michael Frick
John Michael Frick
answered on Jun 9, 2023

You should consult with a real estate litigation attorney in or near the county where the property is located. While a single family dwelling restriction does not prohibit the owner from converting a garage into a living space or renting the property out, it does prevent the owner from converting... View More

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