Land Use & Zoning Questions & Answers by State

Land Use & Zoning Questions & Answers

Q: Can my old landlord hold my deposit because I rented one my rooms on airbnb?

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Missouri on
Answered on Sep 28, 2018
Ronald J. Eisenberg's answer
Read your lease carefully. The security deposit is generally supposed to be used to cover damages and, if the lease so states, for any sums due. I'm not sure whether under your lease you incurred sums due to your landlord on account of breaching the lease by renting out the room. If you believe you are in the right, then you could file suit in small claims court. But beware that most leases have one-sided attorney's fee provisions. That would mean that if you sue and lose you will have to...

Q: My brother has passed away, he owns a (1) lot on Lutz, Fl. The house will have to be torn down-

1 Answer | Asked in Land Use & Zoning for Florida on
Answered on Sep 27, 2018
Terrence H Thorgaard's answer
One would have to know a lot more information, but in general yes, if you comply with the zoning and building code requirements. They can't prohibit you (assuming you inherited it from your brother) from using the lot for anything.

Q: I have a rural property, 12 acres that the deed is in my name and also in my EX-boyfriends name.....

2 Answers | Asked in Land Use & Zoning, Real Estate Law and Tax Law for New York on
Answered on Sep 25, 2018
Elaine Shay's answer
He doesn't have to protest your cabin.... He, like you, could simply move into it. You are not the first person to find themselves owning property with someone with whom an agreement to manage or sell the property cannot be reached. Fortunately, you can commence a partition action to force the sale of the property. Many times, even when a co-owner previously refused, a negotiated settlement can be reached after a partition is commenced that allows one party to buy out the other.

Q: What is the law in Ohio for HOAs regarding monthly board meetings pertaining to open communication of agenda?

1 Answer | Asked in Communications Law, Real Estate Law and Land Use & Zoning for Ohio on
Answered on Sep 24, 2018
Joseph Jaap's answer
Ohio law for condominium operation can be found at this link:

http://codes.ohio.gov/orc/5311 See Sections 5311.09 and 091.

There can be additional rules in the condominium declaration and bylaws.

See also this link: http://codes.ohio.gov/orc/1702

It provides rules for operation of non-profit corporations. A condominium association is usually formed as a non-profit corporation.

Q: In the state of Georgia, where and what exactly is defined as a “public space”?

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Land Use & Zoning for Georgia on
Answered on Sep 24, 2018
David Edward Boyle's answer
What code section are you referring to which uses the term "public space"?

Q: A petition to partition by sale has been filed by one of three tenants in common. But the principal was paid mostly

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Answered on Sep 14, 2018
Manuel Alzamora Juarez's answer
That is what partition is about. He can petition the court for the sale of the property and for his share of the proceeds. If you want to make a claim for monies spent by the decedent, you have to do it through his executor. Best regards.

Q: can a HOA vote to change the covenants of a subdivision if the covenants said it can not be changed for thirty years?

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Answered on Sep 13, 2018
Anthony Marvin Avery's answer
HomeOwners Association can do any variety of things unless an interested person files suit to enjoin the same. And after twenty years maximum, their Rules are covenants running with the affected subdivision parcels or condominiums. If the HOA attempted to foreclose upon a spurious lien, then the fee owner might have a defense to foreclosure, but would still need to file in Chancery to enjoin enforcement.

Q: Can a mortgage be discharged if there are still liens/Judgments on it?

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Legal Malpractice for New York on
Answered on Sep 11, 2018
Michael David Siegel's answer
Do you have a lawyer? Do you have a title company? These are issues that you as a layman do not handle.

Q: What are my rights? A municipal is threatening to demolish my house.

1 Answer | Asked in Land Use & Zoning, Municipal Law and Real Estate Law for Illinois on
Answered on Sep 8, 2018
James G. Ahlberg's answer
There is no way to answer this question without knowing why the municipality is threatening to demolish your house, what their local ordinances provide and whether their local ordinances are appropriate under state law. The stakes are high, so you need to make an appointment with a local lawyer as quickly as possible. Bring any and all notices, letters or other information you received from the municipality to your first appointment with the lawyer.

Q: Property purchased and can't use because it is a water retention area with basin. What can i do about this?

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Arizona on
Answered on Sep 6, 2018
Peter H. Westby's answer
You may have an action for damages or rescission of contract due to the non-disclosure of this circumstance, but this is not something that you should handle on your own. I strongly recommend that you seek the assistance of an attorney. Once your attorney has all the facts and has researched this matter, he or she can advise you as to your legal rights and options.

Q: How close can my neighbor build a fence to my house?The property line is about 20 inches from the side of my house.

1 Answer | Asked in Land Use & Zoning for Ohio on
Answered on Sep 4, 2018
Joseph Jaap's answer
Local zoning codes specify the required setback distance from property boundaries. Talk to the local building and zoning office. You might have to have a surveyor prepare a boundary survey to confirm the exact location of the line.

Q: I bought a commercial property, it ran off a well for over 50 yrs.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Answered on Aug 31, 2018
Terrence H Thorgaard's answer
If the legal description in your deed recites that the well is on your property, you might have an action against one or more persons, including the surveyor. You don't want to try to do the research yourself; you need to see an attorney, ASAP.

Q: Can a HOA change the covenants of a housing development if the covenants says that they can not be changed for 30 years

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Answered on Aug 30, 2018
Anthony Marvin Avery's answer
Homeowner Associations do that and more all the time. Unless you and others file suit in Chancery, they will continue. Rarely does anyone contest their authority.

Q: What is my recourse when the seller and title company didn't disclose deed restrictions on the property I just purchased

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Answered on Aug 29, 2018
Joseph Jaap's answer
Deeds, easements, and restrictions are recorded in the county real estate records to put everyone on notice of their existence. A buyer is deemed to have notice of them, even if the buyer never looks or finds out, and a seller is not under any duty to disclose information that is recorded in the county records. It is assumed that buyers will investigate the property and any restrictions to be sure it meets their needs. You can check the information reported to you by the title company. It...

Q: If someone park their car in front of ur house what can I do the car been their for three days

1 Answer | Asked in Land Use & Zoning for Maryland on
Answered on Aug 28, 2018
Mark Oakley's answer
If it's legally parked on a public street, there's nothing you can do in the absence of a specific local ordinance that prohibits vehicles from remaining in place without moving for a specified period time. If the tags are expired or you have other reason to believe the vehicle is abandoned, then you can report the vehicle to police.

Q: What do I need to do in order to proceed selling my property?

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Probate for Michigan on
Answered on Aug 27, 2018
Trent Harris' answer
It's difficult to answer the question without knowing more about the trailer, and whether it's there on a lease, or whether the trailer has been affixed to the land and is legally considered part of the real estate. Either way, it sounds like a person in the situation you describe would need one or more court orders before going forward with selling the land.

If one or more of a deceased person's heirs refuse to sign off on a sale of the property, an estate may need to be opened, a...

Q: I bought a property with someone. They never have there payment on time. Also hasn't paid for 3 mnths. What can I do

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Answered on Aug 23, 2018
Terrence H Thorgaard's answer
If they are not paying their portion as agreed, you can sue them for a "partition" of their interest in the property.

Q: Is there a law/policy In Indiana that allows an apartment company to not prorate rent?

1 Answer | Asked in Contracts and Land Use & Zoning for Indiana on
Answered on Aug 23, 2018
Alexander Florian Steciuch's answer
There's no requirement that they do prorate the rent. You pay for what you agreed to. If you believe that the rent should be prorated, you have to negotiate that with the apartment company.

Q: Hello, a property was purchased adjacent to a boundaries (in stone) of a historic estate. our land ends before the

1 Answer | Asked in Land Use & Zoning for Pennsylvania on
Answered on Aug 21, 2018
Peter Munsing's answer
You need to consult with an attorney who handles property issues in the County, for the reason that you may want to claim adverse possession if you can tack on the previous owner's use of it, and then get possession of the additional property. You have a defense to being compelled to take care of a structure that's not yours. But if you can get the whole property, then maybe it's worth it to take that direction.

Q: Land owner rights when a trailer is sold on property

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Answered on Aug 18, 2018
Elizabeth Tarasi's answer
Who has title to the trailer? Trailers have titles and when you sell them you get a title. Sounds like you have an oral agreement for him to rent the trailer. See if there is a title to the mobile home. If there isn’t your grandfather should own it by adverse possession.

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