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Land Use & Zoning Questions & Answers
1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Land Use & Zoning for Georgia on
Q: Do you have a certain amount of time to buy back or reimburse someone after they bought property

At auction due to a death and the property to be considered unclaimed

Jennifer Pierce
Jennifer Pierce
answered on May 9, 2023

Your question is not clear as to the type of auction involved. There is no right of redemption after a foreclosure sale in Georgia. If this was a tax sale, redemption can occur until such time as the tax sale purchaser forecloses the right to redeem, which cannot occur until one year after the... View More

1 Answer | Asked in Real Estate Law, Business Law and Land Use & Zoning for California on
Q: Can I Get a restraining order, for the events venue across the street from my home?

We are both located on R1 properties. The “ party house “ was the sole residence of current owners grandmother. The mentioned property did get an ordinance to be able “to be a hotel and restaurant within the existing building only” in 1948. btw in 1952 the owners illegally without any... View More

James L. Arrasmith
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answered on May 7, 2023

Based on the information provided, it may be difficult to obtain a restraining order against the events venue across the street from your home. A restraining order typically requires evidence of harassment, threats, or other violent or abusive behavior. If the events venue is operating without... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for New York on
Q: I live in a small town in Orleans County, New York. Many of us just got our new property assessments .

Our assessments went up a minimum of $40,000 per property!!!! Our county is one of the poorest in the state and none of us have improved our property. The law used to be the assessers could not raise the assessment more than $10,000 in one year. I can't find that law now. Can you give me the... View More

James L. Arrasmith
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answered on May 7, 2023

In New York State, the rules for property assessments are governed by the Real Property Tax Law (RPTL). According to RPTL Section 305, property assessments must be based on their market value, and should be made at least once every four years.

Regarding the increase in assessments, RPTL...
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2 Answers | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Missouri on
Q: I bought land with my Brother, we own it 50/50, I live on the land, and tend to it, pay taxes on it, my brother doesn't

Do anything with it, doesn't live on it, doesn't pay taxes on it, I've offered to buy him out and will pay the amount he requested but he is avoiding me, is there anything legally I can do to make the process happen?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 6, 2023

You can hire an attorney and file a partition lawsuit.

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for New York on
Q: Hi, The NYC DOB says my curb cut and home parking is illegal after 45 years.

I've lived in my home for 45yrs. When the home was purchased it already had a curb cut and a parking area at the front of the house. Suddenly the NYC DOB says the parking area is illegal(they considered it a front yard) and also the curb cut is illegal. I was giving a request for corrective... View More

Steven Warren Smollens
Steven Warren Smollens
answered on May 4, 2023

Dear Brooklyn Home Owner:

As best as I interpret the regulations a curb cut is an artifact of a legal driveway. If there is no driveway there should be no curb cut. Consult a zoning attorney familiar with dealing with the DOB in Brooklyn.

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: What rights do I have and what are the legal ramifications?

I live in a household that was converted into 3 separate apartments. It has come to my attention that the owners never registered the property has a multifamily household. Power constantly trips and my internet was disconnected because the new tenants added internet services and since their lease... View More

Charles M.  Baron
Charles M. Baron
answered on May 4, 2023

If it is not zoned for multifamily and the owner did not obtain a variance and/or permitting to allow the different use, both you and the landlord have a problem, but you would then have remedies against the landlord. Code enforcement could order a prompt cessation of the multifamily use. The... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Small Claims for New York on
Q: The Village DPW employees plowed snow onto our property and destroyed our Fence and wont pay to fix it

The village is stating they do not have to pay for it. The fence is set 10ft back from the edge of the road. The codes enforcer verified where we were putting the fence and approved our permit with the Village & town of Wilna. We submitted an estimate to the village, which we were never advised... View More

Steven Warren Smollens
Steven Warren Smollens
answered on May 3, 2023

The Village will do this to you as long as you do not take the steps needed to commence a lawsuit and as long as you do not involve your homeowner insurance company.

Without filing a Notice of Claim within 90 days of the occurrence of the damage, you cannot sue. If the time has not run out,...
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2 Answers | Asked in Land Use & Zoning and Personal Injury for Texas on
Q: SCAM ARTIST IS SUEING ME SAYING THAT HE FELL ON MY PROPERTY. LIES!

I've Stressed out my mind over this cause i know its not true. He claims that my grass was SUPER HIGH and he couldn't see that the water METER wasn't covered. He also said that I told him it was MY FAULT(Lies). Last week I contacted the water Company about it and they sent Me a pic... View More

John Michael Frick
John Michael Frick
answered on May 3, 2023

You can’t successfully countersue for emotional pain in this situation.

Mental anguish is difficult to quantify and is always subjective. The law limits the types of actions in which mental anguish is compensable to deter claims which cannot be objectively proven. Mental anguish...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: How do I find out who owns the ROW between my property and my neighbors and what its purpose is?

I have tried to look on the GIS Map and tax maps but it comes up as "no additional information"

Anthony M. Avery
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answered on May 2, 2023

The starting point is to search the titles of you and the adjoining tracts for the last 100-150 years. Easements can be created expressly, by implication, subdivision dedication, prescription, necessity, and probably a few other ways. HIre a PA attorney.

1 Answer | Asked in Land Use & Zoning for California on
Q: roof overhang property line california accessory structure

My neighbor installed an accessory structure very close to the back property line. The gutter-less roof overhang will cause a lot of rain to fall on to my yard. Is there a code requirement that will address this? Thank you

James L. Arrasmith
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answered on Apr 30, 2023

In California, there are building codes and zoning regulations that govern the construction of accessory structures, including their placement and size in relation to property lines. The specific requirements may vary depending on the city or county where the property is located.

Regarding...
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1 Answer | Asked in Civil Litigation, Civil Rights and Land Use & Zoning for California on
Q: Can I put rainbow yard signs on public property during pride month in Temecula CA?

Temecula is very anti-LGBTQ, so I worry about the mental health of queer youth, especially since I know there are council members who are trying to (or already succeeded in, not sure) outlaw celebrating minorities (black history month, pride month, etc.). From being a resident for 20 years, I know... View More

Louis George Fazzi
Louis George Fazzi
answered on Apr 20, 2023

You can post your signs on private property, but not public property without their consent. You may want to enlist as many private property owners as you can to allow you to post your signs on their properties, including vacant lots if you can get the property owner's permission. You... View More

1 Answer | Asked in Family Law, Real Estate Law and Land Use & Zoning for Virginia on
Q: Title S 15.2-2244: Will I be able to gift my family member 1 acre of lot as gift/sale even HOA does not permit?

I would like to know, I own 2.39 acre of lot in a R1 zone and would like to gift 1 acre to my family member by subdividing. What are the necessary requirements as an owner to do this? My HOA document does not permit any subdivision, but there is a provision to make it a new amendment, but the... View More

Richard Sternberg
Richard Sternberg
answered on Apr 19, 2023

There is no cookie-cutter answer to this type of question. You start with a title search and review of all controlling documents, including the HOA docs and local zoning, because they often don’t say what people say they say. From there, you start negotiating to get where you are trying to be.... View More

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning and Real Estate Law for California on
Q: How are people getting $10,000 to relocate when they were living on government land and were forced to move in ca
James L. Arrasmith
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answered on Apr 18, 2023

The $10,000 relocation assistance program you may be referring to is called the Mobilehome Park Resident Impact Fund (MPRIF) in California. The MPRIF was created to assist mobilehome park residents who are forced to relocate due to park closures, conversions, or other changes in land use. Eligible... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Can my home owners association force me to remove my washer & dryer that were installed by previous owner?

Also can I be legally fined

James L. Arrasmith
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answered on Apr 18, 2023

As per California law, a homeowners association (HOA) can require that a homeowner remove a washer and dryer that were installed by a previous owner, if such installations are not allowed under the HOA's rules and regulations. If the installation of a washer and dryer is prohibited by the HOA,... View More

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: Can my neighbor put a shed, coop, etc on my 60’ foot wide private ingress/egress easement that cuts across his property?

My easement is a 60 foot wide, private easement for the purposes of ingress and egress and public and private utilities. It goes through my neighbors property back to mine. He currently has a greenhouse, chicken coop, shed that he has put within a few feet of the driveway Over the past couple of... View More

David Soble
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David Soble
answered on Apr 16, 2023

Generally speaking, the owner of the easement is responsible for keeping the easement in good condition. The owner of the dominant estate is the one who has an easement over another landowner's land. The proprietor of the servient estate is a landowner whose property is traversed by an... View More

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2 Answers | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: fence dispute, we've been living in a residential home for 30 years as it was,neighbors say its 5 ft on their property

We've been living in this residential house for 30 years, when we moved in the fence was already there but recently the new neighbors claim its 5 Ft on their property do we have a claim to that land since we've been operating on it for 30 years?

John Cucci Jr.
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answered on Apr 15, 2023

You do have a claim, but I do not think it would be worth it to sue for Adverse Possession. However, if the neighbor sues you over the line and the property, you can Counter-Claim Adverse possession. The general rule is that if you openly possess for 10 years in a row, you have a claim to the land.... View More

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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: What should I do if a chunk of my land is being used for farming?

I have an acre in a rural area and I've lived there for about 4 years. I just now got my property surveyed and discovered my property goes back farther than I realized. I have farm land all around me and it seems like part of my land has been incorporated into the land behind me thats used for... View More

Anthony M. Avery
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answered on Apr 12, 2023

You and your predecessors in title have probably acquiesced to a new boundary between the adjacent tracts. Apparently you did not get a survey prior to the deed execution. If the boundary is ascertainable on the ground, you have probably lost regardless what your legal description says. But... View More

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1 Answer | Asked in Real Estate Law, Municipal Law and Land Use & Zoning for New Jersey on
Q: Zonning issue

I bought my house 6 years ago in Mount Laurel with a wood fence in place for over 30 years. I replaced the fence 2 years ago and just gotten a letter from township that the fence is on the township property. What rights do I have?

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

You have one option. You can file an application with the Township for permission to keep the fencde where it is located with the proviso that should the municipality need to remove same for safety or emergency reasons, you would not be charged for the cost and you would be able to replace the... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: How to find how much land a person purchased without using CRIM as a resource?

My partner inherited land in Puerto Rico. We confirmed it with ARPE/OGPE but CRIM shows the land under another property owner. The house was registered under the now-deceased family member in Bayamon. ARPE as well as CRIM are asking for the segregation of property but the other property owner... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 11, 2023

Contact a title insurance company to do a title search.

1 Answer | Asked in Land Use & Zoning and Municipal Law for California on
Q: Can I sue the city for a tree toots on their property caused $7k in damages to our sewer line.

Did claim 3 times and were denied. Even with california code 833

James L. Arrasmith
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answered on Apr 8, 2023

It may be possible to file a lawsuit against the city for damages to your sewer line caused by tree roots on their property. However, the success of your case will depend on various factors and it is recommended to consult with a licensed attorney in California.

California Code 833 states...
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