Land Use & Zoning Questions & Answers by State

Land Use & Zoning Questions & Answers

Q: My husband inherited piece of rural property with known encroachment and building was to be torn down at buyer expense.

2 Answers | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Oregon on
Answered on Feb 2, 2018

Your post is confusing because you talk about inheriting property then switch to talking about something being torn down at the "buyers" expense. So somehow there are two pieces of property and a Well on one property and the adjacent property has "well rights" of some sort. Not sure what the county wants you to do but I am guessing that you want to sell some parcel of property that has a "well rights" issue and the county wants that resolved. All I am going to throw out here is have you...
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Q: Can a sign shop owner who has classes have T&C that keep participants from opening up a sign shop in a 200 mile radius?

1 Answer | Asked in Antitrust, Land Use & Zoning, Business Law and Consumer Law for Florida on
Answered on Feb 1, 2018

Short answer, I don't think so, but it doesn't mean that the sign shop owner cannot try. Typically agreements like you describe are apart of an employment agreement and are referred to as a non compete agreement.

I suggest that a consult with an attorney in your area may be appropriate to make sure any documents ect are viewed by the attorney and then specific advice given.
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Q: Is pressing charges on a landlord the only/best approach?

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Colorado on
Answered on Feb 1, 2018

From your facts it is acceptable for the landlord to "terminate" the agreement (technically no complete agreement was reached). However, the landlord must return all money (since no lease agreement was created). If the rental was occupied (even for a short duration), the landlord can deduct a reasonable pro rata daily rental fee. Beyond that , the landlord is clearly violating Colorado law.

You can send a letter (with or without a lawyer's letterhead) requesting a full refund....
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Q: House situation

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Answered on Jan 30, 2018

It does not matter which names are on the mortgage. It only matters which names are on the deed. If both names are on the deed, she is an owner, and she cannot be evicted. If only your name, then you are the owner. You must give written notice to vacate and then file an eviction action, obtain an eviction order from the court, then the sheriff will assist you in removing her property, and you can change the locks. Otherwise, she could sue you for wrongful eviction and money damages. Use...
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Q: If I want to build a shed that I can hang out in but not live in, do I need permits or any other fees or permissions.

1 Answer | Asked in Land Use & Zoning for Maryland on
Answered on Jan 29, 2018

The rules vary from county to county - the county code will have details on when a building permit is required, or you could call the office of building inspections and permits in the county where your property is located.
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Q: WHO OWNS THE DITCH, WE HAVE 226 OF ROAD FRONTAGE YET MY NEIGHBORS CONTINUE TO USE OUR PROPERTY

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Answered on Jan 29, 2018

To get the answer to your question, you need a title search and a survey. A lawyer can help you get and read those things. Without them, any answer you get is questionable and useless.
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Q: Tax sale foreclosure in NJ: On only 1 of 2 lots which combined makeup prop address. Can foreclose addres inc both lots?

1 Answer | Asked in Foreclosure, Land Use & Zoning, Real Estate Law and Tax Law for New Jersey on
Answered on Jan 29, 2018

You need to speak to an attorney. You have very complicated issues surrounding your property, and no attorney is going to be able to guide you through how to solve your problem without first reviewing your file. Reach out to an attorney who focuses on tax liens and real estate.
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Q: My neighbor of over 25 years has sent a letter from his lawyer claiming he owns 5 feet of my property

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Illinois on
Answered on Jan 26, 2018

It is possible that your neighbor has the right to obtain title to the 5 feet of your property through adverse possession, assuming all of the requirements for adverse possession in Illinois have been met. However, the requirements for adverse possession are a very technical, and fact specific determination. Therefore, I would highly recommend organizing everything you have in your possession related to this matter, including the letter from your neighbor's attorney and a survey, and consult...
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Q: Is there a time limit on how long a buyer has to present case in front of Land Use Board to obtain D variance?

1 Answer | Asked in Land Use & Zoning for New Jersey on
Answered on Jan 24, 2018

Much more information would be needed to answer your question, to start with you haven't even told us the town, I suggest you setup an in person consultation with a lawyer, however be prepared to pay since this information is what attorneys charge for..
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Q: Heir property that was given by non-family member that did not own rights to the land how can you have them removed

1 Answer | Asked in Estate Planning, Real Estate Law and Land Use & Zoning for Virginia on
Answered on Jan 21, 2018

I’ve handled a bunch of three, and they are fun cases, but that’s from the lawyers’ perspective. First, there is no such thing as “heir property.” The term is a byproduct of the Jim Criw South and a pun on the word “air” indicating that title is “in the air. Correcting it is a skill-intensive mess quieting title lost in generations of relying upon operation of law. The correct petition is either a Complaint to Quiet Title or a Declaratory Judgment, and the legal work usually...
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Q: What steps do I have to take to sell my inherited land?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Answered on Jan 19, 2018

While the property passes directly, you still need to probate the Will, and it is often helpful to record a deed. If the 4 heirs agree to sell, it is easy from there and can be accomplished during probate. If you disagree, you may need to partition or petition to sell in lieu of partition. A lawyer would be helpful in this process, but you might get a non-local Virginia lawyer to act as attorney-advisor, thereby saving $.
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Q: My Grandmother inherited my grandfathers house after he passed. She has sold it; all parties have been paid except her.

1 Answer | Asked in Civil Rights, Estate Planning, Land Use & Zoning and Real Estate Law for Pennsylvania on
Answered on Jan 18, 2018

She needs to contact the lawyer.

Had your grandparents divorced? If so, perhaps there is inheritance tax that must be paid and the title insurance company is escrowing the sale proceeds pending receipt of tax clearance.
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Q: can you take a house number that already in use for another piece of property on the same land?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Answered on Jan 16, 2018

Contact your local borough. Plenty of family farms are subdivided for housing of family in PA.
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Q: If my neighbor throw a ball into my house many times, what can I do and what is my rights?

1 Answer | Asked in Civil Rights, Land Use & Zoning and Real Estate Law for California on
Answered on Jan 16, 2018

Keep the ball. If the neighbor causes damage with the ball, then you can hold the neighbor responsible for whatever damage she caused. If the situation escalates, you can always call the police and make a complaint against your neighbor. You could even go to court and file a claim of harassment against your neighbor for disturbing your peace and quiet.
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Q: I would like to know if I will have the right to adverse possession upon my grandmother's passing.

1 Answer | Asked in Real Estate Law, Elder Law, Land Use & Zoning and Probate for Texas on
Answered on Jan 16, 2018

Her Will governs. If you want to be repaid for the money and work you have put into the farm, you need a signed contract agreeing to the amount. Adverse possession only applies to occupancy for many years with no objection by the other people entitled to the land. You would have to occupy the farm for many years after her death without others objecting and then send them legal notice, giving them a chance to object. That seems unlikely to occur.
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Q: What legal action can I take for misrepresentation of a newly-purchased home?

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Colorado on
Answered on Jan 14, 2018

It appears the broker is the listing broker as opposed to someone you retained specifically to represent you as the buyer? Assuming that is correct, the listing broker is not your fiduciary and not responsible for your best interests. Rather they represent the seller. They are nevertheless obliged to give you honest and accurate information about something like the boundaries of the property and the rights to share certain spaces. From what you say, this was a material aspect of the...
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Q: I am currently in Escrow and had the inspection done. We noticed trees that we believe to be on our property

1 Answer | Asked in Insurance Bad Faith, Land Use & Zoning and Real Estate Law for California on
Answered on Jan 12, 2018

This is a common legal question, and the answer is that the tree owner is liable under trespass and private nuisance theories (in most cases, at least). Whether you, as new property owner are liable, is something a a real estate attorney should be retained to evaluate. It may be something that can be passed on to the prior owner, but it appears to be an obvious and open condition, so it might be difficult to claim that it wasn't disclosed, and you purchased the problem with the house....
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Q: Duke Energy has a utility easement on my property. I have a shed that is on the easement. Duke wants to tear it down.

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Florida on
Answered on Jan 9, 2018

You will need to review your closing documents with an attorney to determine your best course of action, but if your shed is on Duke Energy's easement, you will probably need to move or remove it.
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Q: What are the steps do I take to claim land next door to me that's undeveloped,someone owns it. And I been squatting 5yrs

2 Answers | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Florida on
Answered on Jan 4, 2018

Florida Statutes 95.16 and 95.18 contain the 7-year "adverse possession" statute of limitations. The former statute is for those who have "color of title" (a writing which they believe gives them a right to possession), and the other one is for those without color of title. But in either case you must enter the property "under a claim of title exclusive of any other right". So a mere squatter such as you cannot gain title by mere occupancy.
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Q: Public nuisance codes in small town stonrwall,OK.74871

1 Answer | Asked in Environmental, Land Use & Zoning, Municipal Law and Real Estate Law for Oklahoma on
Answered on Dec 31, 2017

Visit your county courthouse. The law library is supposed to have a copy of the city laws/ordinances. City hall should also have a copy.
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