Land Use & Zoning Questions & Answers by State

Land Use & Zoning Questions & Answers

Q: Are remedies available for home owner to stop storm drainage from grading of property for new construction?

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Answered on Jun 30, 2018
Richard Sternberg's answer
Your best approach is probably a lawsuit for nuisance against the developer. It is a complex area of law, and it will require expert testimony and legal fees, but, if you can show actual, pecuniary damages, you will be protecting your property and may get repaid. If the county refuses to cite the developer, then you have their answer on whether they are going to help you. This is not uncommon in development law. Often, developers have lobbied the county officials well and feel protected by the...

Q: Waste company returned unwanted dumpster to my property. Over a month later (and dozens of calls), it's still here.

1 Answer | Asked in Construction Law and Land Use & Zoning for Florida on
Answered on Jun 29, 2018
Alex McClure's answer
You would need to include more details.

Unwanted?

Returned?

Seems that there are some facts missing here.

Q: How do we keep neighbors from squatting on land we recently purchased?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Louisiana on
Answered on Jun 27, 2018
Christie Tournet's answer
If your deed and survey show that you own within certain bounds, you can have an attorney send a formal demand, failing which you could also try to file a report of trespass with law enforcement. If the neighbors continue to resist those efforts, you will have no other option than to file suit - a Petitory action - meaning you claim to be owner and another party is possessing part of the land you own. To prevail, you will need to show that you have better/best title to the area at issue. So,...

Q: After 7 years of representation in a real estate matter, our attorney said we should consult a "real estate attorney".

2 Answers | Asked in Civil Litigation, Land Use & Zoning and Real Estate Law for California on
Answered on Jun 26, 2018
Thomas A. Grossman's answer
I can't tell with the short facts that you have stated, but it sounds like your attorney may not have been competent, especially if he only recently stated that you should see a real estate attorney. I wonder if the attorney had a real estate license of broker's license. At any rate, I can't imagine a case going on for 7 years without either you getting suspicious, or your attorney not disclosing that the matter was over his head. Then again, some attorneys (especially attorneys who work...

Q: Hello, looking to hire a lawyer concerning unique property issue. No easement, but township paved a road through lawn.

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Answered on Jun 26, 2018
Mark Scoblionko's answer
The questions you ask can only be addressed after consultation with a lawyer. The lawyer would need to take a history from you, view either the property itself or good pictures, and search the title. Additionally, communication with the township or its counsel would be necessary to try to determine why and on what basis they did what they did.

Q: Is a landlord required to give a place to live if the house they are living in becomes non residential?

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Tennessee on
Answered on Jun 21, 2018
Leonard Robert Grefseng's answer
Your question doesn't include enough details to truly provide an accurate answer, but unless there is a written lease that says otherwise, I would say probably not. If some zoning board or governmental entity has changed the residential status of the property, that is no the landlord's fault, it's just a unforeseen event which makes it impossible to complete the lease/fulfill the contract. In summary, it seems to me to be just bad luck for both the landlord and tenant.

Q: I live in California and i’m month to month on my lease

2 Answers | Asked in Business Law, Land Use & Zoning and Real Estate Law for California on
Answered on Jun 20, 2018
Thomas A. Grossman's answer
Assuming you have a written month-to-month rental agreement, a landlord can change the terms of the agreement (e.g. increase the rent) upon giving you 30 days notice. You can either accept the additional $30/month in rent, and continue living where you live, or you can leave within 30 days and find a new place to live. I have not seen the exact wording of the note that the landlord left on your door, but if it does not give you proper Notice, then you can ignore it. 30-day notices must be...

Q: can the owner of a property who granted an easement to another for a private driveway use the driveway (more information

2 Answers | Asked in Consumer Law and Land Use & Zoning for Ohio on
Answered on Jun 19, 2018
Joseph Jaap's answer
It depends on the wording of the easement that was signed by grantor and recorded in the county records. But typically, the easement is non-exclusive, and the grantor can continue to use the easement area along with the grantee. So if grantee installs a driveway in the easement area, grantor can use it, unless the easement says otherwise. Use the Find a Lawyer tab to retain a local real estate attorney to review the easement and advise you.

Q: Hello, I have property that I own. A friend of mine put a trailer on the one piece of land. He died in November of 2016

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Answered on Jun 18, 2018
Elizabeth Tarasi's answer
He will have a hard time winning unless you agreed or have a written agreement to secure the trailer home for him.

Q: If the deceased owner of 9 lands in Tx. passed without a will, how can the person entrusted with the land sell?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Answered on Jun 13, 2018
Tammy Lyn Wincott's answer
It sounds like you'll need a "Determination of Heirship" and "Administrator" appointed who can pay any debts and sell property if necessary, giving the remaining assets to the appropriate heirs.

I'm going to move this over to probate as well.

Q: We frequently have our only exit to the house blocked. Sometimes by bicycles and chairs, often by partiers and smokers.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Small Claims for New York on
Answered on Jun 12, 2018
Michael David Siegel's answer
This would violate your lease, but if police will not do anything, your recourse is to leave by breaking your lease. Be sure to document with photos these issues so you can show a court later if needed.

Q: I want to petition for an increase lot size requirements in an R1 zone neighborhood. How do i go about doing this?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Answered on Jun 11, 2018
Richard Sternberg's answer
Changing zoning to up-zone property owned by someone else is going to be an uphill battle. There are tricks and skills, but it isn't going to be accomplished inexpensively, and it isn't going to happen based on an Internet-explored plan on a pro se budget. You need to sit down with a Virginia real estate lawyer, who will need to spend time reviewing the current zoning, the putatively expired permits, the facts about the offending construction, and the political environment. It is most likely...

Q: tenant is hauling truckloads of junk and storing it outside storage building causing complaints. What can I do?

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Virginia on
Answered on Jun 10, 2018
F. Paul Maloof's answer
This sounds like a commercial lease, which is controlled by its own provisions about the tenant's obligation to maintain the premises. Check the lease for the landlord's remedies if there is a breach of the lease.

Q: My landlord was mowing the yard and accidentally hurled a rubber mallet through my window. What should I do?

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Tennessee on
Answered on Jun 6, 2018
Bennett James Wills' answer
If no one was injured the only recourse is to have the landlord replace the window, which you said they'll do. Unless someone is damaged or hurt, there's no legal recourse.

Q: I live in Tennessee. My HOA is making rules that I feel are unreasonable. What can I as a homeowner/ they do as an HOA?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Answered on Jun 6, 2018
Bennett James Wills' answer
Attend meetings and voice your opinion. Vote. Join the HOA. There are several things you could try to do. Without more info, one can't tell if you have any legal recourse. Unreasonable and illegal are different. Consult local counsel.

Q: Holiday Camplands Association Inc. be included in this

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Answered on Jun 4, 2018
David Soble's answer
Not clear on what your question is. Please restate.

Q: Do I need a lawyer to deed my house that my mother left to us ,how do I deed to myself and can I just copy my mom's dee

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Land Use & Zoning for North Carolina on
Answered on Jun 3, 2018
Vincent Gallo's answer
You do not need a lawyer to prepare the deed, or to record it, if you competently know how to do it yourself.

Q: I and my 8 siblings were gifted 100 acres from Grandmother. We each own 1/9 interest. 2 of the siblings began

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Florida on
Answered on Jun 1, 2018
Terrence H Thorgaard's answer
As to the real property, each of the siblings would own an undivided 1/9 interest in the land. It the land were sold, each of you should get 1/9 of the net proceeds.

As to the business, it appears that the two siblings who are doing business own that. Absent an agreement with the other joint owners of the land (the other siblings), the business owners are not required to share the wealth, represented by the business, with their other siblings, if that 's what you are getting at.

Q: How would I go about selling parcel when it shares a deed with another parcel and has one mortgage

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Pennsylvania on
Answered on May 29, 2018
Mark Scoblionko's answer
It makes a big difference if the shared deed (a) recognizes the two individual parcels and references surveyed legal descriptions for each, or (b) everything is referenced together as a single tract, with a single legal description.

If (a): You would require consent by the mortgagee, which would release the tract being sold from the lien of the mortgage. At that point, you would simply give a deed for the parcel being sold.

If (b): You would need to hire a surveyor to survey...

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