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Land Use & Zoning Questions & Answers
1 Answer | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Landlord - Tenant for Florida on
Q: What can be done if you rent from your significant other family and they force you out, threaten to call police

On 10-15/22 I was forced to leave a mobile home I had been renting from my ex-boyfriends family , I had been at work and returned home to my kids scared and panicking due to the nature of words and actions that had been taking place and I arrived home to me and my kids belongings being thrown out,... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 10, 2022

Florida Statute 83.67 (6) provides that:

"A landlord who violates any provision of this section shall be liable to the tenant for actual and consequential damages or 3 months’ rent, whichever is greater, and costs, including attorney’s fees. Subsequent or repeated violations that...
Read more »

1 Answer | Asked in Business Formation, Business Law and Land Use & Zoning for Florida on
Q: Hello, I am interesting in leasing a suite and then renting out the rooms to licensed stylist or lash artists

What are the legal implications for doing this in Florida? What is the employer or technically landlord responsible for? Thank you

Keith Kanouse
Keith Kanouse
answered on Aug 9, 2022

I have a client that has done this as a franchisee. You have to find a location and negotiate a master lease with the landlord with the landlord understanding that you will be subdividing and subleasing the premises to various subtenants. You need to check that the zoning will allow the intended... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: Can I live in an RV temporarily on my own farmland until I can build my home?

Over 10 acre property is designated farmland and holds cattle

Zoned RA

Ben Corcoran
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Ben Corcoran
answered on Aug 8, 2022

I would have to review your local County codes to give you accurate advice. My suggestion is to call the County offices and see if you can get confirmation that this is allowable.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Contracts for Missouri on
Q: water entered house at entire foundation, ruining the finished basement.Is the builder at fault?

home is 3 year old display in Frontenac, purchased one year ago from builder.

Whole subdivision was built, including grading and drainage. Frontenac has

yet to sign off on completion.

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Aug 8, 2022

You need to have an attorney review the contract and learn the relevant facts in order to get meaningful advise, as well as to understand your options. There is no specific statute in Missouri that stays a builder is automatically liable any time water enters the basement of a 3-year old house.... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Washington on
Q: We recently bought land and the neighbor thinks he owns part of the land even though he doesn't, we had it surveyed

he insists on it being his and is threatening us with legal action and calling the cops saying we're trespassing.

Anthony M. Avery
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Anthony M. Avery
answered on Aug 5, 2022

Hire a very competent WA attorney to file a Boundary Line Action, Quiet Title, Ejectment, etc. Time may be critical because of Acquiesence to a physical boundary.

1 Answer | Asked in Real Estate Law, Environmental and Land Use & Zoning for Virginia on
Q: Bought a 5 bed 3 bath home a yr ago and found out now that it has a 2 persons max 1 bed perk

I bought my listed 5 bed 3 bath home in Jan 2021 . Everything has been great but had a plumbing issue and found after septic people came out and plumber that it has a 2 person max occupancy. It was never disclosed to me . Only reason it has come to light now is that we had the issue of water... Read more »

Shafeek Seddiq
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Shafeek Seddiq
answered on Jul 31, 2022

I am sorry to hear what you just learned and the possible consequences. You might have a recourse against the seller, the seller's agent, your agent, or ask the title insurance underwriter for help. But, without a lawyer reviewing all the relevant documents who can then provide proper advice,... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Ohio on
Q: 23 years ago.Rear of lot against 55 acres farm land with fence 4ft from mine. Maintained land 4ft.Prescriptive easement

23 years ago I bought and built a home on a lot 80 x 125 feet with back of lot against a 55 acre Open field With an old Barb-wired fence 4ft in a tree line against the back of my lot from my property line. I have maintained and taken care of this 4 feet up to the Fenceline for the duration of that... Read more »

Joseph Jaap
Joseph Jaap
answered on Jul 29, 2022

An easement like that is not automatic. It must be established by filing in court claiming adverse possession. Use the Find a Lawyer tab to retain a local real estate attorney to review the real estate records and all the facts of the situation, and then advise you of your options.

1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for Florida on
Q: Can someone list and try to sell a property that they don't own without knowledge of the owner?

I am a California businessman who is conducting business in other states as well. I have an LLC in Florida and it owns two lots. Today, I realized that the lots have been listed for sale 40 days ago without my knowledge. I contacted the listing agent. He told me that his client is a land firm and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 29, 2022

You can report it to the authorities, but it doesn't appear that it would be worth your while to "pursue legal action" (i.e.: file a civil suit); you have not suffered any serious damages.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: I'm buying a home that has an easement, can I legally build a garage that overlaps the easement

The lot is .52 acres, however with the easement the home and yard are on .30 acres the rest is easement

Michael Zamzow
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Michael Zamzow
answered on Jul 26, 2022

When it comes to infringing on an easement, it might be wise to first contact the persons who use the easement and ask them if they would be ok with you moving it. On the other hand, it sounds like this particular easement takes up a large portion of the useable yard, so perhaps this easement... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: I'm buying a home that has an easement, can I legally build a garage that overlaps the easement

The lot is .52 acres, however with the easement the home and yard are on .30 acres the rest is easement

David Soble
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David Soble
answered on Jul 25, 2022

You will need to pull a copy of the easement agreement from the county recording office. Proceeding without permission from the entity that owns the easement is risky. Is this a utility easement or sewer easement? Who owns this easement? You risk having to take down the garage at a later date if... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: Can a neighbor claim possession of a community beach access pathway to the Chesapeake Bay?

Neighbor 1 has claimed possession of a community beach access pathway to the Chesapeake Bay .A 1923 deed conveyed right of access to the community. This right of access was confirmed in a 1935 court case ruling and also stated in a 1955 deed for the property in question. All subsequent deeds... Read more »

Thomas C. Valkenet
Thomas C. Valkenet
answered on Jul 24, 2022

You do not disclose whether you are 1, 2, 3 or perhaps an undisclosed 4. An academic response would require any lawyer to review the past title chain, the case law you reference, and perhaps inspect the conditions on the ground. You also mention at least one live lawsuit arising from the facts.... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: Any help on getting a neighbor to stop hooking up his fence on my property.

I am getting a new survey and nobody will look at old survey. The fence is on my property then connects with the neighbors. And every time I unhook the fence he will hook it back up on my property. The neighbor has owned the property for three years. And I have wrote him letters and told him to... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 21, 2022

Is it your fence or did the previous owner of the neighbor's property place the fence on your property. If you own the fence and he is refusing to remove his fence from your fence then you will need to consult with a real estate lawyer to send him a letter. If that doesn't work you may... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: We have a neighbor that is putting up a fence and the corner of the fence is going to block our drive. This corner was

Established our 30 years ago. Can he legally do this? The lines that he has on ground, my mid size SUV will barely fit thru, so I know a dump truck will not. What can we do?

John Cucci Jr.
John Cucci Jr.
answered on Jul 20, 2022

The best way to handle this issue is to try to talk it out with your neighbor before the fence goes up. It would be great if you had a survey that shows the lines, etc. If that will not help, then you may need to file for an injunction in Court to prevent the fence from going up. I'm not sure... Read more »

1 Answer | Asked in Environmental, Land Use & Zoning and Real Estate Law for New Jersey on
Q: Can we have incinerating toilets and a grey water system instead of septic in Holland Township NJ. Thank you!

Recently purchased property in Holland Township New Jersey with a old, non working septic. We would like to replace it with a more environmentally friendly system because we are extremely close to a stream and have a high water table. We are hoping to put in new incinerating toilets and gray water... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Jul 19, 2022

Call the municipal building inspector to discuss this issue.

2 Answers | Asked in Tax Law, Real Estate Law and Land Use & Zoning for Florida on
Q: I live in a "single family" tax district in Florida 0001 on property tax records.

my neighbor has a 2-story house. Ground floor was configured as a separate apartment for elderly parents. They died. Now neighbor rents out the ground floor for a fee ($3,000/month). Neighbor has no permit. Neighbor pays no taxes on the income. Is this legal in a single family dwelling?... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 15, 2022

This is analogous to renting out rooms. Unless your neighbor is doing short-term rentals there are no permits required. I'm not sure how you know whether or not your neighbor pays taxes on the income. If it is a short-term rental there are taxes but if it is not a short-term rental the... Read more »

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1 Answer | Asked in Agricultural Law, Energy, Oil and Gas and Land Use & Zoning for Texas on
Q: We own 83 acres of timber but not mineral rights. We have several homes (children) on our property and a cluster well.

We do not own mineral rights. Just received call from driller advising they will be drilling oil on our land. How do i protect our homes timber and water source?

Aimee Hess
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Aimee Hess
answered on Jul 13, 2022

In Texas, the mineral estate is the dominant estate. That means that the mineral owner and the oil company have the right to make all reasonable uses of the surface for exploration, drilling and production of oil and gas.

The Texas Railroad Commission, the state agency which regulates oil...
Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: A man has moved an RV on my property and lives on the property without my permission. How do I get him off my land?

I have the deeds to the land and pay the taxes every year but the individual has claimed that the land belongs to him and he has deeds too.

Anthony M. Avery
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Anthony M. Avery
answered on Jul 12, 2022

You must hire a very competent TX attorney to search both asserted chains of title, then prosecute an Ejectment Action. Hopefully you are not too late. It will be expensive and difficult.

1 Answer | Asked in Land Use & Zoning for Maryland on
Q: hello! is it illegal to…< i currently had just experienced my neighbor complaining of me parking in front of her home.>

it’s illegal to park on the sidewalk where is facing her home ? i’m not blocking her driveway at all

Scott Scherr
Scott Scherr
answered on Jul 11, 2022

If you are parked legally on a public and private road without deeded, designated, or assigned spaces, then you are permitted to park there. However, you may decide not to park there to keep the peace with your neighbor.

1 Answer | Asked in Land Use & Zoning and Real Estate Law on
Q: I co-own land and a house and my co-owner has never given me a copy of the key or the passcode to the security system.

I have owned the property for close to three years. It wasn't a problem before not having access to the house and land until now. What can I do about the situation?

Anthony M. Avery
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Anthony M. Avery
answered on Jun 27, 2022

You might want an attorney to search the Title and determine ownership. If no agreement can be reached, hire a competent attorney to file an Action For Partition.

2 Answers | Asked in Land Use & Zoning and Tax Law for Ohio on
Q: Just took a walk on my property (OH). My neighbor chopped down a bunch of my trees and destroyed the boundary line fence
Joseph Jaap
Joseph Jaap
answered on Jun 25, 2022

Take photos, get a surveyor to mark the boundary, get an arborist to determine the value of trees lost and cost of replacement, and cost to replace fence. Contact your insurance agent, ask your neighbor to pay your monetary damages, and use the Find a Lawyer tab to retain a local attorney to... Read more »

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