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Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning, Real Estate Law and Family Law on
Q: There are no last will and testament of our parents, we’re only 7 alive out 10 children, Where will be the property go ?

My Eldest Sibling titled the properties of our parent to only of 6 of them, and telling that there is a lot of person on the property title and its full already so my name can’t be put.

What should I do ?

Anthony M. Avery
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answered on Mar 9, 2023

Not sure of your question. But hire an attorney to conduct a title search, and determine probable heirship at both Parents' death. There may be nothing you can do now since a Deed determines title when executed. You may wish to examine grounds to set it aside, but you are not an heir yet,... View More

1 Answer | Asked in Land Use & Zoning and Probate for Alabama on
Q: If I want to put a well and home on the land that my father willed to me and my siblings do I need their permission

I'm in South Carolina

Anthony M. Avery
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answered on Mar 8, 2023

If you are a tenant in common on the property, then yes, you can improve it. But then all TICs own the improved real property, and they might partition it or hold out on any sale until they are paid alot. I advise to hire an AL attorney to search the title, determine ownership, then see if other... View More

Q: Am I allowed to sell rocks & minerals I find on the beach on Etsy?

I like to collect rocks & minerals on local beaches in California and would like to start selling these on Etsy and my own website. Is that legal? I plan to polish some of the rocks using a tumbler and other polishing equipment and also plan to turn the rocks into jewelry. Some of them I would... View More

James L. Arrasmith
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answered on Mar 4, 2023

In general, it is legal to sell rocks and minerals that you find on a beach, as long as you have permission to be on the beach and are not removing rocks or minerals from protected areas, such as state or national parks. However, there may be certain restrictions or regulations regarding the... View More

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant, Real Estate Law and Tax Law for Florida on
Q: Is an HOA liable for known misrepresentations made by a home developer, on HOA controlled property?

If the HOA knew of the misrepresentations, intentional fraud, right? If they didn't know, negligence fraud, right? And any related parties aware and benefiting from said misrepresentations are conspirators, no?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 4, 2023

Generally, no, but that answer could change depending on the misrepresentations. If any of the misrepresentations conflict with the language in the HOA documents, which are public record, the HOA would not be liable because owners are deemed to have read the HOA documents whether they actually... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for California on
Q: Pge to redo our road after fire,1 won't sign release,for her 30 ft of easement caus she has claim to pge also,sue cc845?

Pge has offered up a amended release for her to sign separating the two claims. History: valley fire. road comes in canyon and splits across creek to left and my easement continues straight up right side . At Y of this road is where 30 ft of corner parcel owned by neighbor unwilling to sign... View More

James L. Arrasmith
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answered on Mar 3, 2023

Here are some general principles that may apply to your situation:

Easements: If your neighbor has an easement over your property, she may have a right to use the portion of the road that runs across her parcel. However, this does not necessarily mean that she has a claim against PG&E...
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1 Answer | Asked in Real Estate Law, Land Use & Zoning and Gov & Administrative Law for Tennessee on
Q: TN. My house # is preventing me from selling it. It is 666. Can I sue to change it? 911 is in charge & said no.

I asked 911. They said only 2 houses need to be changed to stay in numerical order. My neighbor said no & 911 said they want them to agree. No 666 numbers are ever assigned. Buyers say no based on the 666 address. Help. I need to have it changed to move. Is there anything I can do legally? I... View More

Anthony M. Avery
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answered on Mar 2, 2023

Different Counties handle 911 and zoning issues differently. Hire an attorney in the applicable County to ask for the change in street address. Provide an appropriate alternate address. You may have to go before a County Commission or a Zoning Board. The County Mayor will probably be... View More

1 Answer | Asked in Constitutional Law, Federal Crimes, Land Use & Zoning and Municipal Law for Ohio on
Q: While driving on a public road, THROUGH a school zone, is is illegal to have a loaded firearm on your person in Ohio?

With the passing of Ohio's Constitutional Carry law, as of July 13, 2022 Ohio citizens without a CCW permit can legally carry a loaded firearm on their person while in their vehicle, but not in a school zone. If you live near or drive through a school zone on a public road (where you must slow... View More

James L. Arrasmith
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answered on Mar 2, 2023

Ohio law prohibits carrying a firearm in a school safety zone, which includes the area within 1,000 feet of the school grounds. This applies to both open and concealed carry, regardless of whether you have a CCW permit or not.

Therefore, if you are driving through a school safety zone, you...
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1 Answer | Asked in Bankruptcy, Real Estate Law and Land Use & Zoning for Tennessee on
Q: We have deed restriction that prohibits any development on our golf course. Can a judge cancel it?

The golf course is in bankruptcy and they told us the bankruptcy judge can reverse the restriction. Can a judge do that. Also the golf club owners are threatening suits if we POA do not lift the restriction. If the restrictions are lifted we fear they will build condos and who knows what else!

Timothy Denison
Timothy Denison
answered on Mar 1, 2023

Very doubtful that the bankruptcy judge will get involved in changing the restriction.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Civil Litigation for Georgia on
Q: Neighbor has routed his water in my yard destroying my yard..ii have ask him to stop he states he can do that
James Clifton
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James Clifton
answered on Feb 28, 2023

A property owner may not divert water onto the property of another in a way that causes damage to the property receiving the excess water. Doing so is considered a nuisance and is actionable.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: What is the name of the code that let's me buy a portion of my friend's 50 ft by 140 ft lot without his house on it?

My friend has a 50'x140' lot and offered to sell me a portion without a house. He wants to keep his house for himself. Where should I begin to take him up on his offer?

John Michael Frick
John Michael Frick
answered on Feb 27, 2023

A 50' x 140' lot is already pretty small (7,000 sq ft). There probably is no Code section directly on point. In the City of Dallas, the minimum lot size for residential use is 7,500 sq ft., but there may be older homes that are grandfathered in. You also need to analyze the required... View More

1 Answer | Asked in Real Estate Law, Land Use & Zoning, Landlord - Tenant and Lemon Law for California on
Q: Can owners take HOA to court?

HOA is charging $50 per day a unit is rented without HOA consent. The waiting list to rent has not changed for close to ten years or so. CCR has a waiver, but HOA refuses to consider it. Our daughter was born premature and has a respiratory health issue. The complex prohibits smoking in the... View More

James L. Arrasmith
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answered on Feb 24, 2023

Yes, owners have the right to take their HOA to court if they feel that the HOA has violated their rights or breached their obligations under the governing documents, such as the CC&Rs (covenants, conditions, and restrictions) and bylaws.

In the scenario you described, it seems that the...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Pennsylvania on
Q: There is an alley-way directly behind my property. On the left and right side there are houses.

We are all allowed to use the alley-way for the purpose of walking through it. I need to attach a downspout to this area of my building in order to direct a portion of the rain water here. My question is, does the fact that we are all able to use the space for walking through also allow for this?... View More

Nellie T Schulz
Nellie T Schulz
answered on Feb 21, 2023

It’s hard to say without knowing whether there is a written easement agreement or other writing (perhaps in the deed) creating the right of way and whether it restricts the easement for its intended use. If the new downspout would further restrict the use of the easement for its intended use, I... View More

1 Answer | Asked in Agricultural Law and Land Use & Zoning for New Jersey on
Q: The head of the EHT Zoning Board drove onto our neighbor's property without prior notice. She observed we have a chicken

coop. That same night at a variance hearing for the property she drove onto, she asked another neighbor if the coop she saw was his. He said no. When I testified that I was against the neighbor's variance, I said the coop was mine. We then received a notice of violation for having the coop.... View More

Morris Leo Greb
Morris Leo Greb
answered on Feb 21, 2023

A ZBOA member may not enter a person's property without permission, The applicant may have given permission as part of the application process. You did nor state whether the zoning officer has issued to you a notice of zoning violation and a demand to cure.

1 Answer | Asked in Real Estate Law, Environmental and Land Use & Zoning for Ohio on
Q: Question about property damage. My neighbor has a sump pump that's made a pond/swamp that is affecting my yard and drive

My neighbor has a sump pump that drains out into their yard but borders mine. This has created a pond/swamp in the area and is quite large. This swamp makes it impossible to use part of my yard or even trim it. Also my driveway borders up against this area and has cracking and sinking in towards... View More

Joseph Jaap
Joseph Jaap
answered on Feb 21, 2023

Damage from normal water runoff does not give a claim. But if water is redirected or collected to send more runoff, then there can be a claim. Depending on the source of water into the sump, the slope of the land, and where the neighbor directed his sump discharge, you might have a claim for... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for California on
Q: A few year's ago my backyard fence on all 3 side's blew down and none of neighbors help pay do I own all 3 sides outrite

My neighbors didn't want to help with the bill for replacement of fence we ended up paying for all 3 side's. Now one of them want to add a travel trailer access gate connected to my fence they didn't want to pay half for

James L. Arrasmith
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answered on Feb 20, 2023

If you paid for the replacement of the fence on all three sides, it is likely that you own all three sides of the fence outright. However, it is always best to review the property lines and deed to confirm ownership.

As for the request to add a travel trailer access gate, since the gate...
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1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for California on
Q: Someone is making claim to a garage unit I own using a quitclaim deed given to him by the HOA. How can I legally remove?

Another unit owner in the complex currently has his belongings in my detached garage and is claiming ownership because he has a quitclaim deed given to him by the HOA. It shows on my grant deed and title that I am the sole owner and should have exclusive access to the garage unit. How am I Legally... View More

James L. Arrasmith
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answered on Feb 20, 2023

You may want to consult with a real estate attorney in your area to discuss your legal options for removing the other unit owner's belongings. It may be possible to file a lawsuit to have the quitclaim deed declared invalid if it was not legally obtained, or to seek an injunction to prevent... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Do new state real estate laws override local county regulations regarding manufactured housing zoning ?
James L. Arrasmith
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answered on Feb 20, 2023

It depends on the specific laws and regulations involved. In California, for example, the State Department of Housing and Community Development has the authority to set minimum standards for the installation and construction of manufactured homes, but local governments are also allowed to enact... View More

1 Answer | Asked in Real Estate Law, Land Use & Zoning, Landlord - Tenant and Probate for California on
Q: in LA, California: if the outcome of a suit would change the RSO status of a property, should lis pendens be filed?

Property in Los Angeles with unregistered dwelling units is the subject of a habitability complaint that includes a challenge to RSO status. The property is under contract for sale and subject to a conservatorship, where the court has yet to approve the sale. Should a lis pendens be filed by the... View More

James L. Arrasmith
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answered on Feb 20, 2023

In California, a lis pendens is a written notice that is filed with the county recorder's office when a lawsuit is pending involving title to, or possession of, real property. The purpose of a lis pendens is to provide constructive notice of the lawsuit to anyone who may be interested in the... View More

1 Answer | Asked in Contracts, Land Use & Zoning and Municipal Law for California on
Q: Can San Bernardino building Dept. (code enforcement) Deny you access to your property.
James L. Arrasmith
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answered on Feb 20, 2023

The San Bernardino County Building and Safety Division has the authority to enforce building codes and regulations in the county, including the power to enter onto private property for inspections or enforcement actions, provided they have obtained the necessary warrant or consent from the property... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for California on
Q: I have a deeded easement across my neighbors property to my property. What expectations for maintenance can I expect?

Access consists of @ 300 feet of dirt road. During this winter neighbor's use created ruts and mud puddles which has made access to my property challenging if not impossible during rain and snow season. The neighbor lives on property full time and I use my property recreationally 2-4 times per... View More

James L. Arrasmith
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answered on Feb 19, 2023

If there is no specific maintenance agreement in place, you may want to consider negotiating a maintenance agreement with your neighbor to address your concerns. The agreement should be in writing and signed by both parties to be legally binding.

In general, the owner of the easement has a...
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