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Land Use & Zoning Questions & Answers
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

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Puerto Rico on
Q: No heirs to an abandoned home.

I have lived in this neighborhood for 6 years now and the home in front of mine is my neighbors daughter who passed a long time ago. I'm assuming there are no heirs but i'd like the property to be mine. How do I go about asking my neighbor about maybe getting the home?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 8, 2023

It may not be so simple. The Puerto Rico Civil Code states the order of an intestate succession: if the deceased owner left no descendants, and had no spouse, it would go to the deceased parents. If these are no longer living, it would go to the deceased siblings, nephews, and nieces, if none are... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: my leach field is the neighbors yard(50+years) no problems but new neighbor is checking out the layout---he doesn't know

would my rights to my leach field be compromised

Joseph Jaap
Joseph Jaap
answered on Jun 8, 2023

There might or might not be an easement recorded in the county records for your leach field. If the new neighbor interfered with the leach field, you could end up in court to assert the right to keep using the leach field. Make friends with the new neighbor to avoid any problems, but also use the... View More

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: My neighbor is wanting to move their fence in my backyard. They say they own part of my backyard.

I have lived here for 42 years and have maintained the yard. Neighbor says they surveyed, and part of my yard is their property. Is there anything I can do?

James Clifton
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James Clifton
answered on Jun 8, 2023

In order to prevail, you would need to assert a claim for adverse possession. Adverse possession requires a lawsuit showing that your possession of your neighbors property was adverse, notorious, open, continuous, hostile, and exclusive and has occurred for the last 20 years. Many of those... View More

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1 Answer | Asked in Land Use & Zoning for Kansas on
Q: Internet co. Installed 3ft high box on property w/o consent or notice. What are my options to remove or be compensated?
John Michael Frick
John Michael Frick
answered on Jun 7, 2023

IMO the first thing you need to do is to determine if your property has a utility easement (most do) and if the box installed by the internet provider is within the easement (sometimes, they do make mistakes).

If the box falls within a utility easement, you most likely can't do...
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1 Answer | Asked in Land Use & Zoning for North Carolina on
Q: What are my property owner rights when neighbor plants hedges on the property line.

The property has been recently surveyed. Also what are my future rights, when these hedges become much bigger?

N'kia (NLN)
N'kia (NLN)
answered on Jun 7, 2023

It depends on various factors, such as whether the plants are damaging your property or somehow decrease its value. You would likely need to consult with an attorney directly, as the attorney would want to see the survey to try to ensure they properly advise you of your rights based on the... View More

1 Answer | Asked in Construction Law, Land Use & Zoning and Real Estate Law for California on
Q: How much time does our neighbor legally have to finish the construction of the common wall between us?

We have a rental and one of the neighbors is doing construction very slowly and our tenants are getting upset due the noise alone but we are aware we can’t do much. However, They recently got to the common wall (which we’re paying 50% for) and the wall has been down for over 3 weeks. It was... View More

James L. Arrasmith
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answered on Jun 7, 2023

The specific timeframe for completing a common wall construction can depend on various factors, including local building codes and any agreements or contracts in place between the neighbors. It's important to consult with a real estate attorney who can provide advice based on the laws and... View More

1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Georgia on
Q: My neighbor recently graded and cut trees down on my property. Do I need to file a civil suit

My neighbor recently graded and cleared a lot next to my property, and in doing so he also graded approximately 75- 100 feet over the property line onto my property. How do you estimate the damage in a dollar amount and how should I proceed to get a settlement?

Jennifer Pierce
Jennifer Pierce
answered on Jun 1, 2023

Based on the facts provided, there may be multiple causes of action that would give rise to damages. The amount of damages would be dependent on many factors, including any devaluation of the property. I recommend that you consult with an attorney experienced real property litigation.

1 Answer | Asked in Foreclosure, Land Use & Zoning and Real Estate Law for Georgia on
Q: I have a property in Georgia that went into bank foreclosure, it sold for significantly more than was owed.

I understand that the surplus is to go to the title holder but I don't understand how to start that process or how to make the motion to have the trustee send the funds to me.

James Clifton
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James Clifton
answered on Jun 1, 2023

The attorney who handled the foreclosure for the bank receives the money on behalf of the bank at the foreclosure sale. Based on the condition of the title, the foreclosure attorney will either release the funds to the former titleholder if there are no other claimants or turn the funds over to the... View More

1 Answer | Asked in Animal / Dog Law, Land Use & Zoning and Municipal Law for California on
Q: HOA decided to open dog park in close proximity(less then 50 feet) to my unit. Do I have any legal base to remove park?
James L. Arrasmith
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answered on May 31, 2023

When it comes to a Homeowners Association (HOA) and the decisions they make regarding common areas, it is essential to review the governing documents, such as the CC&Rs (Covenants, Conditions, and Restrictions), bylaws, and any applicable rules and regulations. These documents typically outline... View More

2 Answers | Asked in Land Use & Zoning, Real Estate Law, Traffic Tickets and Municipal Law for Maryland on
Q: I live in a private neighborhood and an individual who is not a resident stores his vehicles infront of my property 24/7

Minimum of 1 car but up to 3. They are left there from 1 week up to 4 months. The roads are owned by the county not the HOA. So far all I can do is have them tagged as abandoned at which time the owner is notified and moves the car for 1 day and then returns it. I have to believe this is illegal... View More

Richard Sternberg
Richard Sternberg
answered on May 29, 2023

You might need to hit the books better or retain someone who can. I recall reading something that limited parking on public roads to a time limit unless the road was adjacent to your home, but it might have been Montgomery County Code. The County and incorporated city codes are often unindexed and... View More

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3 Answers | Asked in Real Estate Law and Land Use & Zoning for California on
Q: I own a home that was quit claimed to me by my mother a few years ago. I am in the process of selling the home

Do I need to get title insurance on the quit claim deed before conveying the home to another entity?

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Undoubtedly in this situation the buyer will want Title Insurance. Who pays for that is a subject of negotiation in the sales process and escrow instructions. Your Realtor and the Escrow officer can provide you with information . This is a Real Property Sales question. You need to consult an... View More

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1 Answer | Asked in Animal / Dog Law and Land Use & Zoning for Kentucky on
Q: Can I have my neighbors dog removed, or them fined for the damages inflicted on my vehicle ?

I live on a dead end drive out in the county, very last house, there are 2 other neighbors that we all share the drive way. Our property has been there since 1967, long before the other 2 houses where added to the drive. My neighbors dog has inflicted $6,000 in damages to my vehicle by just driving... View More

Timothy Denison
Timothy Denison
answered on May 26, 2023

You’ll need to sue them in the circuit court of your county of residence for the $6,000 damages arising from the dog.

1 Answer | Asked in Agricultural Law and Land Use & Zoning for Tennessee on
Q: I own a farm inside of a city. They have changed the zoning from agriculture to residential without my knowledge.

I still farm the land and the city says i can not build a new barn. Can they rezone my land?

Anthony M. Avery
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answered on May 25, 2023

You should have been notified of the zoning change. A zoning request might have to made with Williamson County after you examine your local zoning ordinances and procedures. Otherwise hire an attorney to file difficult Declaratory Judgment or Writ of Certiorari suits in Chancery. Owning farms... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Arkansas on
Q: How to cancel a right of way given to the county? I canceled real estate project. No money given or work done by anyone.

I was required to grant a right of way dedication for a project at the entrance of my land to the county. I have canceled the project. I was required to sign a quitclaim deed to get the project approved. I have canceled the project and plan to sell. The right of away is not needed anymore. It... View More

Peter J. Weinman
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answered on May 23, 2023

Assuming it was recorded (which would have been required to obtain the approval), you cannot cancel a conveyance and you will need the county to convey it back to you.

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I am answering this question from my New York Perspective.

1 Answer | Asked in Intellectual Property, Land Use & Zoning, Real Estate Law and Tax Law for New Mexico on
Q: I found property but I have done research and have found out that the man who lived there has passed away in 2018,and

Apparently he didn't have any kids people that he would have left it to as far as I've been told it's been vacant for a very long time and nobody's really done anything except for them putting a sign that says substandable with black letters on the board that says no rest not... View More

Anthony M. Avery
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answered on May 22, 2023

Hire a NM attorney to search the title, then check on tax payments. An heirship determination will have to be made. If no tax sale or foreclosure is imminent, then try to purchase a Deed from all tenants in common heirs. Property may not be worth the trouble.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: I have a deed that shows restrictions of covenants from 1950s. Are these law binding today if nothing has been filed?

No cutting of shrubs, house has to be finished in a year. No commercial or business use are some items. We are a non hoa neighborhood but are a civic association

Richard Sternberg
Richard Sternberg
answered on May 20, 2023

I've had a couple of those cases, and it really depends on what the covenant says and, sometimes, how the caselaw interprets events like the abandonment of a civic association, There is no way to avoid a legal review other than to make whatever assumptions you like best and then pay more if... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Q: Can my neighbor rehabilitate squirrels in our HOA community?

I am a home owner in an HOA community in Virginia. My next door neighbor is rehabilitating squirrels in his home and in his backyard. He has a permit and a license through the Department of Wildlife, yet our HOA regulations state: "No non-domesticated animals, unlicensed or undocumented... View More

Peter J. Weinman
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answered on May 17, 2023

I'm not licensed in your state but from my NY perspective, it's possible that a licensed wildlife rehabilitator might not be considered as having "raised, bred, or kept" the animals in the same sense as a pet owner would since the goal of rehabilitation is to return animals to... View More

1 Answer | Asked in Family Law, Real Estate Law and Land Use & Zoning for Massachusetts on
Q: No Tittle No Registration.

My Grandmother left 2 lands in PR to 4 siblings more then 50 years ago. My mother was leaving in one of the land and my uncle build a house in the second land. All siblings has deceased. I went to PR to find out under who's name was both lands. Theres no record of registration couldn't... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 15, 2023

It sounds like the first step would be to contact a real estate attorney In Puerto Rico to see if there is real estate still owned by your grandmother. If there is, then the next step would be to determine where your grandmother was a resident at the time of her death as the law of the State of... View More

1 Answer | Asked in Environmental and Land Use & Zoning for New Jersey on
Q: Are these certain requirements that s town must fulfill before putting up a four way stop sign in New Jersey? L

This is a soon to be four way stop intersecting with a dead end. Traffic will soon back up to blocking my garage not to mention the pollution and noise that will be generated. They took down a tree and will greatly affect my quality of life. I don’t believe they conducted traffic studies... View More

Morris Leo Greb
Morris Leo Greb
answered on May 12, 2023

The steps necessary for matters involving street signage are governed by NJDOT. What can be done is determined by the street classification.

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