Land Use & Zoning Questions & Answers by State

Land Use & Zoning Questions & Answers

Q: Bought land that hasn't been surveyed in over 100 yrs. Put in a driveway and found out we are 104ft on undeveloped land.

1 Answer | Asked in Land Use & Zoning for Oklahoma on
Answered on Apr 2, 2018
Richard Winblad's answer
Lots of questions here. Was the driveway in existence? If so for how long?

Was your real estate landlocked with this being the only access?

You should visit an attorney. You may have acquired an interest by adverse possession or a prescriptive easement.

Q: How do I get an easement lifted the city of Morristown is the owner of it. Would I need an lawyer?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Answered on Mar 30, 2018
Anthony Marvin Avery's answer
You cannot get the Easement of a City "lifted". You could try to convince the City Commission and Mayor to give you a Quit-Claim Deed, but it would be futile. The land is yours subject to the Easement, so you can put up a fence, etc. But when the City wants to work on a sewer or power line, they can and will run over your fences. This is why you perform a title search prior to any real property purchases. It is possible a building permit will be required prior to any construction...

Q: Can we be kicked out of this trailer?

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Arizona on
Answered on Mar 30, 2018
Salim U. Shaikh's answer
As detailed, owner is liable for the shift/move out of your family member provided 55 and older is a pre-condition for lease which was skipped by the owner.

Q: I own a commercial bldg in an Ohio town near where i live appraised at 74,600. Corrupt officials are trying to take it.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Answered on Mar 29, 2018
Joseph Jaap's answer
As previously answered, use the Find a Lawyer tab to retain a local attorney. A local attorney might be aware of local groups that might get involved. Or a local legal clinic, legal aid, or law school. You might also contact local news media.

Q: On or about April 5, 2018, I will be forced to sell my commercial property valued at $74,600 to a city near New Phila Oh

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Answered on Mar 29, 2018
Joseph Jaap's answer
If the city is initiating a taking of your property by eminent domain, then there is a legal process the city must follow to do that, and the property owner can go to court to object. Use the Find a Lawyer tab to retain a local attorney to represent you in that process. Also, you should not post personal information on the internet.

Q: What does a zoning enforcement officer, fire prevention officer and housing enforcement officer look for in inspection?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Answered on Mar 26, 2018
H. Scott Aalsberg Esq.'s answer
In general they look for criminal and civil violations of both municipal ordinances and state regulations and laws. If a violation is found you will be given either notice to correct or a summons to appear in court.

Q: My house is paid off and now want to buy a forclosure house but my current house has not been sold yet what can I do?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Answered on Mar 24, 2018
Leonard R. Boyer's answer
Any time, prior to purchasing a foreclosure, you need to retain an experienced mortgage foreclosure defense attorney, who will have the expertise to help you avoid problems with foreclosed properties, which can have devastating financial consequences for the uneducated and unprepared.

Q: bought a piece of property said it was 16 acres. After closing we got the survey. It was just less than 14 acres?

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Tennessee on
Answered on Mar 23, 2018
Bennett James Wills' answer
Consult with a local attorney. Your purchase and sale agreement will control the rights and obligations of the parties. You may need to file a lawsuit to correct a deed or pursue some other type of relief.

Q: She died without a will and I have been living in the land all my life.

1 Answer | Asked in Land Use & Zoning, Probate and Real Estate Law for Mississippi on
Answered on Mar 23, 2018
Baskin Lowber Jones' answer
Likely not. Contact a local family law attorney to discuss your options, and how the property could/should be handled in an estate.

Q: I know for sure there are other heirs been this is my great grandma land. Will it be possible to still get it in my name

1 Answer | Asked in Estate Planning, Land Use & Zoning and Probate for Mississippi on
Answered on Mar 21, 2018
Arthur Calderon's answer
Possibly, depending on whether there is a will or your great-grandmother died intestate (without a will). You will likely need to consult an attorney to determine whether ---and to what extend--- you may have an ownership interest in the property.

Q: Does an officer have to visit my property to write a code enforcment ticket and mail it to me?

1 Answer | Asked in Traffic Tickets and Land Use & Zoning for Texas on
Answered on Mar 20, 2018
Grant St Julian III's answer
It is not required that a warning be issued before a code citation is issued, but in most jurisdictions a warning is provided. Enter a plea of not guilty on the citation and appear in court to discover if any such warning was provided by a code officer.

Q: Neighbor died and house sat empty 2 years. Storm hits and tree falls on house. House is now in probate. How to buy?

2 Answers | Asked in Land Use & Zoning, Probate and Real Estate Law for Florida on
Answered on Mar 19, 2018
Terrence H Thorgaard's answer
Probate is a court proceeding by which someone applies to court to be appointed "personal representative" (also known in some places as "executor") of the estate of the decedent (your late neighbor, for example). The PR's job is to dispose of the assets (such as the house) and paying the proceeds or conveying the assets themselves to the heir or heirs.

Any attorney could help you with this. It's simply a matter of negotiating a deal with the personal representative of the probate...

Q: can we have our $10k lot premium fee refunded?

1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Maryland on
Answered on Mar 19, 2018
Richard Sternberg's answer
You posted this as a Maryland question, but you appear to be from Virginia. I've handled cases of this type in both states, and the remedies are different. Either way, you are looking for a remedy of much more than the $10,000 lot premium if this was a violation of the Maryland or Virginia Consumer Protection Act. In Maryland, you potentially get damages and attorneys fees. In Virginia, it is much more likely to get treble damages, as well. You should set up a consult with a real estate lawyer...

Q: I have lived with my mother & took care of her & her property for 8 yrs in exchange for a room. She died 1/26 at age 92

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Answered on Mar 14, 2018
Andy Wayne Williamson's answer
Sorry for your situation. (I cannot personally help you as I am located in NW Florida). I suggest that you might see if there is any type of legal aid service in the Miami area that can help you pro bono. Normally there will have to be a legal process that she must go through which will give you some time. However, there is just not enough facts to say for sure what will have to be done in your situation.

Good luck and hope this helps some.

Q: Can I get my house free or a lower price on the land contract due to repairs and problems the owner neglected to fix

1 Answer | Asked in Contracts, Construction Law and Land Use & Zoning for Ohio on
Answered on Mar 14, 2018
Joseph Jaap's answer
Buyer and seller must follow the written terms of the land contract they signed for purchase and sale, including the purchase price. A buyer can notify the seller of problems and try to renegotiate, but the seller is under no obligation to agree to any changes. Use the Find a Lawyer tab to retain a local real estate attorney who can review the land contract and all the other facts of the situation, and advise you about your options.

Q: My husband and I built our house from scratch on his parents land. How can we show its in our name to places?

1 Answer | Asked in Construction Law, Land Use & Zoning and Real Estate Law for Alabama on
Answered on Mar 13, 2018
Barbara H. Agricola's answer
you can provide the deed which shows your ownership of the property. if the parents gifted you the land for you to build your house on it, then it needs to be recorded under your name in the probate court in the county where the property is located.

Q: We live on a private road,never having a problem with driving in or out, then came our neighbors.

1 Answer | Asked in Estate Planning, Real Estate Law, Land Use & Zoning and Small Claims for Tennessee on
Answered on Mar 12, 2018
Anthony Marvin Avery's answer
You should first conduct extensive title searches of both yours and the neighbors' properties. Hopefully there may be at least a mention of a Right of Way or Easement. There may be something that you can do to the neighbors within your rights. But without an Easement, express or implied, in the chain of titles, you are left with difficult litigation in Chancery Court to prove an Easement exists by Prescription or By Implication.

Q: We settled on the sale of my moms house on 1/2/18. Signed all docs, collected funds and thought that was it.

1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for Maryland on
Answered on Mar 9, 2018
Mark Oakley's answer
The tax was imposed against the property in 1985, so you cannot blame the settlement company for the tax. As sellers, it is also your obligation to transfer the property free and clear of all past due taxes and liens, which having failed to do, you are in breach and the buyers can sue to rescind the purchase or demand that you reimburse them for having to pay the tax lien. The buyers also have recourse against their title insurer who wrote the title insurance police, which is on the hook to...

Q: We wanted to leave our land and store to our grand-daughter, under the condition that it's not sold.

1 Answer | Asked in Estate Planning, Elder Law and Land Use & Zoning for Mississippi on
Answered on Mar 8, 2018
Randall R. Saxton's answer
Yes, you can set up a trust to transfer the assets into with your desired stipulations.

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