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Land Use & Zoning Questions & Answers
1 Answer | Asked in Civil Litigation, Land Use & Zoning and Sexual Harassment for Florida on
Q: What are my rights as a tenant concerning confidentiality?
Charles M.  Baron
Charles M. Baron
answered on Apr 8, 2023

Confidentiality of what? - and keeping it confidential between who and whom? You need to post a new inquiry with more details.

1 Answer | Asked in Real Estate Law, Tax Law and Land Use & Zoning for Ohio on
Q: Property lien purchased for 532.00.

A Lien was purchased for forgotten half a year of property taxes. Rookie mistake. Taxes are now current and will stay that way. The Lien expires in 3yrs. We don't plan on moving for 5+yrs. Have no mortgage and own home outright. Should I go ahead and pay lien in full? Can third party llc... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 8, 2023

Tax lien expires in 15 years. Interest rate negotiated on the tax certificate was probably 18%. In 15 years with interest the lien will be approximately $2100.00 and they will require you to pay Court costs and attorney fees to avoid the property going to Sheriff's Sale. It is not something... View More

1 Answer | Asked in Foreclosure, Land Use & Zoning and Real Estate Law for Ohio on
Q: What does a motion to stay do for defendant after a foreclosure, and writ of possession has already been filed?

I electronically filed a motion to stay with the court, and it was approved. This happened after the Plaintiff already had a Sheriff's auction and obtained my home, as well as they filed a Writ of Possession. If it was electronically filed and approved, does this mean that judge approved it or... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 8, 2023

The homeowner maintains title in the real property until the Sheriff's Sale is confirmed. The right of the purchaser at sale to obtain a writ of possession is typically included in the decree of foreclosure. However, the order of confirmation is the mechanism that cuts off the... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Puerto Rico on
Q: What Office can verify the assigned numbers that corresponds with each part of the property and was it segregated, OPGE

the property in question should have been segregated according to our ‘records’ back when they were originally filed by my father. There appears to be a sequence of numbers that corresponds with each one of the assigned land parcels. Could the OPGe assist with clarifying if the land was... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 3, 2023

You'll have a better chance to get the information from the Property Registry. When lad plots are segregated from a main lot, the Registrar annotates each of the new property ("fincas") numbers for each of the newly segregated land plots on the margin of the main lot. Also identified... View More

1 Answer | Asked in Civil Litigation, Land Use & Zoning and Real Estate Law for Florida on
Q: May I remove a DEAD 4'single shrub plant that was planted on the property line. Neighbor says don't touch it or will sue

Just moved to the home 3 months ago. Have had the property line survey done twice to be certain of location of

dead bush. This type of plant has thorns up to 2 inches long and very sharp. Surveyor says plant is 6 inches over the line on our property. Lake Co. FL. Thank you.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 30, 2023

May you remove a dead shrub from your property? Certainly. And if the neighbor does sue you, and if the judge doesn't believe your expert witness surveyor (who you will have subpoenaed at the trial, hopefully) and rules that the shrub was on the neighbor's property, what damages will... View More

2 Answers | Asked in Contracts, Real Estate Law, Land Use & Zoning and Landlord - Tenant for New York on
Q: I guess the question is, how in any way could a contract, lease, agreement, etc. be enforceable if it wasn't signed?
Carl Nelson
Carl Nelson
answered on Mar 30, 2023

Contracts generally do not need to be in writing to be enforceable. Certain types of contracts do, such as those for the sale of real property or leases for periods of more than year. But unless excepted from the “statute of frauds” which requires certain agreements to be memorialized in... View More

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1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for New York on
Q: My sister was "offered an agreement" in her mobile home park. She did not sign the lease. Is she bound by the agreement?
Carl Nelson
Carl Nelson
answered on Mar 30, 2023

As a general matter, and there may be some exceptions where, e.g., performance begins or acceptance may be implied, an “offer” is just that, and until both sides agree (by the other side accepting the offer) to something, it is not enforceable.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: We want to buy a HOA property adjacent to us. What do we do to buy? HOA board want us to find out all steps to buy.

We have maintained the HOA property adjacent to us for over 30 yrs. By-laws don't mention the sale/purchase of hoa property but amendments must pass by 2/3 vote. If a vote was passed to allow purchase, WHAT ARE THE NEXT STEPS FOR US TO PURCHASE THE PROPERTY. The board has asked us to find... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 29, 2023

Want to buy it as in 'and remove it from the HoA'?

Want to buy it and keep it IN the HoA?

Want to fraudulently report it as 'not a sale' so the HoA doesn't have to pay capital gains tax?

While the last one is 'shady and likely to end you up in...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: How can a grant waiver deed on a residential house be rescinded?

My father, deceased, and my brother along with I are on the grant waiver deed. My brother sold me the property in 2008 and I want the grant waiver deed rescinded so my neighbor and I can get a lot line adjustment since a part of his house is on my property. Please advise.

James L. Arrasmith
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answered on Mar 29, 2023

A grant waiver deed is a legal document that transfers ownership of a property from one party to another. In order to rescind a grant waiver deed, you would typically need to go through a legal process to have the deed invalidated or cancelled.

If you and your brother are both listed on the...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Washington on
Q: Who's responsible to survey property before building fences. Contractor or home owner?

My neighbor had a contractor build a fence on our property line and says it's not his fault if it's on my property. Says he did not need to survey because the contractor is licensed and bonded and can't break the law. I hired a surveyor and proved the fence is on my property and now... View More

Brent Bowden
Brent Bowden
answered on Mar 27, 2023

The property owner is ultimately liable for their fence and where it was placed. They may have a claim against the contractor if the contractor was supposed to verify the boundary, but I have never seen a fence contractor take responsibility for the survey or location.

There are a lot of...
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1 Answer | Asked in Land Use & Zoning for Florida on
Q: A neighbor decided to level all the bamboo we had on our lawn that has been growing for years

All the bamboo was on our side of the property line. They had hired someone to cut it but the person either was not with a company or refused to say the name of the company

Charles M.  Baron
Charles M. Baron
answered on Mar 27, 2023

The neighbor is legally responsible. Get an estimate for bamboo from a nursery and demand the neighbor to pay it. If it's no more than $8,000, you may sue in small claims court and probably would not need an attorney.

1 Answer | Asked in Environmental, Land Use & Zoning, Real Estate Law and Construction Law for Alaska on
Q: Can I be denied permits for a very large developement project on my land on the basis of keeping the land undeveloped?

Lets say I own a deeded 64,000 acre block of forested land with no conservation easments. Then lets say I want to build a town on this land. Houses, subdivsions, trailer parks, businesses, industrial zone, roads. highways, etc. Assuming all the structures to be built are up to code and don't... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 23, 2023

Assuming that your land is in an organized borough or municipality, yes, there are many factors that might make it difficult to develop the land. Check with the code enforcement office of your borough or municipality to see what you might need to do.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Georgia on
Q: How do I prove I've been using a section of my neighbor's property to access my property for 7 years or more
Anthony M. Avery
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answered on Mar 22, 2023

Hire a GA attorney to search both titles for an Easement. Photos of ROW use are necessary. Any witnesses to your use are relevant. Your predecessor in title may have also used the same ROW, and his testimony will be critical. Neighbors' Statements Against Their Own Interests can be... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law, Contracts and Civil Rights for California on
Q: What is the process for HOA homeowners opposing amended cc&rs in CA when board uses DS code 4275?

The HOA board wants to use DS 4275 or force the approval of proposed CC&Rs. Homeowners are not in support for numerous reasons, use restrictions, pet restrictions, waiver of rights, broad powers to invade privacy and enjoyment, etc.

What is the process for owners to file opposing... View More

James L. Arrasmith
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answered on Mar 21, 2023

In California, the process for homeowners to oppose amended CC&Rs and challenge the HOA board's use of DS code 4275 would generally involve the following steps:

Review the current CC&Rs and proposed amendments: Homeowners should carefully review the current CC&Rs and any...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: My neighbor keeps tying his trees to my fence as when they are not tied they fall to the ground. There Is now damage

The damage is caused by my neighbor tying his trees to my fence. I have asked him not to do so and have cut the lines whenever I see them. This has gone on for months. There is damage to my fence (it now leans in his properties direction) and I am wondering if I can hold him responsible to pay for... View More

Elaine Shay
Elaine Shay
answered on Mar 21, 2023

If you own the fence and it is on your property, you can seek to hold your neighbor responsible for any damage caused by his/her unauthorized use of your fence. If the damage is less than $10,000 you may sue in Small Claims Court for money damages. However, if you also want an injunction... View More

1 Answer | Asked in Agricultural Law, Contracts, Land Use & Zoning and Real Estate Law for Texas on
Q: Questions about tresspassing brother n law from estate property. I am executor of both owners (dad and gmaw)

So, basically, my brother n law signed a very suspect and immoral farm lease from my grandmother, on her death bed, (20yr). But the lease is very vague, I had a lawyer send him a demand letter to stop trying to farm our properties because his lease isn't valid. Soon after he worked up ground... View More

John Cucci Jr.
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answered on Mar 20, 2023

You are in a tough spot.

In order for you to get clarity and satisfaction over the use of the property, it seems like you will need to go to a District Court or the Probate Court that has had jurisdiction over the properties.

As part of the case(s) or causes of action, you will need...
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1 Answer | Asked in Arbitration / Mediation Law and Land Use & Zoning for California on
Q: Disputing an alleged short term rental ad breach claim by Cathedral City. New ordinance as of Jan. 1 has a $5,000 fine.

The fine was disputed at a virtual hearing a week ago, with compelling factual written appeal rebuttal provided in advance. There was a hearing officer (layperson) from a company in California that acts for smaller city ordinance collection efforts being disputed, as well as the CC ordinance ticket... View More

James L. Arrasmith
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answered on Mar 15, 2023

If the property owner wishes to appeal the decision made by the hearing officer and challenge the fine in court, they will need to file an appeal within the specified timeframe (which you mentioned as 10+ days) and pay the required filing fees. The exact process and cost of an appeal can vary... View More

3 Answers | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: Can a township take a private business which also is owner of the building away using eminent domain?

The business had been brought up to code and is a very busy working business AKA bar and grill.

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

Much more information is required before a cogent answer can be given. Generally, government agencies have the power of eminent domain. However, very strict procedures must e followed and the property owner must be paid for the property taken.

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1 Answer | Asked in Land Use & Zoning for Alabama on
Q: My mother passed away I have power of attorney over here and she owns her mobile home but not the land can the landowner

Just go inside the trailer my mom owens and just take anything of here he wants he just started eviction this week we have until the 22 of March

John Michael Frick
John Michael Frick
answered on Mar 11, 2023

When your mother died, the power of attorney expired.

Now what matters is what’s in her will.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Colorado on
Q: I a the president of our neighborhood hoa. An owner has built an addition on his property. How can we get it removed?

There is an owner who has built a "screened in porch" off the side of his house, but he built it on the common area, which he does not own. The HOA owns all common areas. I have the papers that show the property lines, and he has definitely built the room on hoa property the... View More

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2023

Good afternoon,

The HOA will most likely need to file a lawsuit against the property owner. If the structure is on HOA property, then it may fall under trespass law. In the alternative, it may be a breach of covenants. Regardless, if they are not moving it on their own then you may need to...
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