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Land Use & Zoning Questions & Answers
1 Answer | Asked in Foreclosure, Real Estate Law, Land Use & Zoning and Landlord - Tenant for California on
Q: 1161a Unlawful detainer against the Trustor

The trustor is the administrator of the estates. The property is in unincorporated Los Angeles County (RSO just cause)

The lessee is the administrator

Which notice would be required 3/60/90 ??

The property is also on Agricultural land (1161(2))

James L. Arrasmith
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answered on Feb 19, 2023

Section 1161a of the California Code of Civil Procedure relates to the unlawful detainer of a property by the trustor, or a person who holds the legal title to a property in a trust. This section allows for the trustee or beneficiary of the trust to bring an unlawful detainer action against the... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for North Carolina on
Q: Can I sale my house to someone else if I do not own the land that the house sits on?

The Land Use Agreement was signed by the landowner and I built my house on that land.

Anthony M. Avery
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answered on Feb 13, 2023

No...

1 Answer | Asked in Land Use & Zoning and Municipal Law for New Jersey on
Q: Got letter from zoning board of adjustment for a variation of from the requirements of the zoning ordinance. Can I lose

My home?

Morris Leo Greb
Morris Leo Greb
answered on Feb 13, 2023

Based upon your question, I am assuming that you are not the applicant but own property within 200 feet of the property for which an variance application has been filed. This being so, you will not lose your home although you may be dissatisfied with the nature of the relief being sought. Check... View More

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Probate for Tennessee on
Q: Can a life tenant cut down trees to sell as firewood for profit in tennessee?

Is that considered as waste?

Nina Whitehurst
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answered on Feb 5, 2023

There is no simple one-size-fits-all answer to your question. It might be waste. It might not be waste. Sometimes cutting down trees constitutes an improvement to the property. Other times not. And improvement or not is not the only factor that must be considered.

To answer your...
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1 Answer | Asked in Land Use & Zoning, Libel & Slander, Real Estate Law and Tax Law for Florida on
Q: Can I do a counter claim against the personal rep over a Estate ?

My Aunt ( Linda ) passed away with NO kids or husband, her mother was alive (at the time) Linda, had no Will, in Polk County. Therefore I was told this estate rolled into my grandmothers Estate ( Marcele ) in Hillsbrough County. My Uncle ( Joseph ) told me that I did not have to worry that all I... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 4, 2023

The advice that you need is obtained by scheduling a consultation with a probate attorney. If you have inheritance rights that are being disregarded, you may contest the probate case. Act quickly.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Georgia on
Q: Part of my neighbor's fence has been in my backyard. I now need it moved. He is ignoring me about this, what can I do?

His fence was partially in my yard when I bought the place 8 yrs. ago & he knows that. I did say anything to him at that time.

Anthony M. Avery
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answered on Feb 1, 2023

Hire a competent GA attorney now that conducts real property litigation. If you do not file suit for the Boundary Line Action, you will acquiesce to the present fence line which is physically ascertainable. Title to both properties should be searched for the common boundary. A surveyor may be... View More

1 Answer | Asked in Estate Planning, Collections, Construction Law and Land Use & Zoning on
Q: Dependancy & Neglect case, can you file a motion for Judgment and Order for Possession to get your children back?

Your children are considered your property. In a D&N case the children were unlawfully removed under fraud (have proof) the children were removed @ birth. Falsified allegations in order to get an Ex Parte warrant, then removed the allegations from the petition before the 72hr court hearing to... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 26, 2023

Please hire an attorney an immediately. You are in way over your head and none of the things you are thinking of filing have any relationship at all to the legal issues at hand. If you continue to play lawyer you are going to lose whatever is left of your case.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: Who enforces property deed restrictions, no HOA, in my subdivision regarding neighbor with hogs. Deed states no hogs

Hogs up against my fence causing ungodly odor, noise, filth conditions. Sheriff's department will not help. Deed restrictions states no hogs at all !!

John Michael Frick
John Michael Frick
answered on Jan 25, 2023

Any homeowner in the subdivision has standing to enforce the deed restrictions.

You can hire an attorney to secure a permanent injunction against your neighbors for violating the restrictive convenants and seeking a money judgment for any damages caused to your property by the hogs....
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1 Answer | Asked in Contracts and Land Use & Zoning for Kentucky on
Q: Hello, I had a hunting lease the last few years and we backed out after issues.

The property is owned by a conservation company and they kept doing work every dear season and they always told us they was done but then would do more work at inconvenient times. We didnt sign a contract this year but i had sent a check to secure the property. Things went south and we pulled out.... View More

Timothy Denison
Timothy Denison
answered on Jan 22, 2023

If you didn’t sign a contract there is no agreement for this year absent an oral contract if you agreed.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: We're part of a HOA, but can't vote on rules changes. Should we be subject to rules we can't vote on?

We own a parcel of land across the state. We're part of a HOA, although our lot is separated by a half mile from the main grouping of homes that are on a cul-de-sac. The main grouping has voting rights on rules changes, but we do not. The HOA wants to change the Home Rental clause (think Air... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 18, 2023

It is impossible to say without reviewing the HOA rules.

The 'short' answer is 'probably'

As a private entity, they can set rules however they want including the rules about amending and voting on rules. If you don't like that, you shouldn't have...
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1 Answer | Asked in Real Estate Law, Civil Litigation, Municipal Law and Land Use & Zoning for Michigan on
Q: Can I legally move (via tow-truck / paid service) another person's car from my property?

Next door neighbor owns a car (junk, not running); the car sits in the back yard between our houses. The car straddles the property line. It's been there for years. I want to clean up my back yard, get landscaping, and put up a fence. The car must be moved. But, my neighbor won't move... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 17, 2023

IF (and that is a HUGE unknown!) the car is on your land, the neighbor is trespassing.

Are you 100% Absolutely Positively Undeniably CERTAIN of us on your land? You can have it removed but not necessarily onto the neighbor’s land — unless they neighbor consents to that. (You don’t...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for New Jersey on
Q: I own 2 lots in NJ that are accessed only by a paper road there is no other access and the town won’t repair the road

The town refuses to repair road and won’t let me repair the road

The road is basically impassable and I can’t access my lots

Said road is listed on the tax maps as an

“Unimproved road”

I have no desire to merge the lots

The road is roughly 1 mile... View More

Morris Leo Greb
Morris Leo Greb
answered on Dec 30, 2022

You have raised several important questions which require more factual information as follows:

1) Possible merger of the lots

2) Confirmation that paper road is shown on a filed map

3) Cost of installing a road conforming to municipal requirements

4) Prescriptive...
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1 Answer | Asked in Land Use & Zoning for Maryland on
Q: My neighbors are parked in a driveway not belonging to them.

They live at 1342 and parked in the driveway of 1351

Mark Oakley
Mark Oakley
answered on Dec 26, 2022

If they are parking in your driveway without permission, go ask them to move their car or have them towed. If it’s not your driveway, it’s none of your concern. Plus, how do you know they don’t have permission to park there from the owner?

1 Answer | Asked in Land Use & Zoning on
Q: on my land how can court provide permanent injunction who doesn't have any rights to drive tractors

Judgment is pronounced. (V.S.J) In the result, the suit is decreed with costs in favour of the plaintiffs, granting permanent injunction, restraining the defendants, their men etc., from interfering with the plaintiffs usage over XX1, YY1 marked joint pathway as shown in the plaint plan for their... View More

John Michael Frick
John Michael Frick
answered on Dec 23, 2022

Sounds a lot like an access easement.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Louisiana on
Q: How do you enforce restrictions in a subdivision
Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 21, 2022

You need to review your subdivision's governing documents and see what those documents say as to how to enforce subdivision restrictions---most of the time it says a property owner or the HOA (or even sometimes an interested party) can file the suit. Another thing you want to review and... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: Cannot get neighbor to agree on a line agreement after her surveyor and ours want sign papers. What can we do?

Have tried several times to get neighbor to meet and agree on boundary. We cannot proceed with our home.

Anthony M. Avery
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answered on Dec 20, 2022

You will probably have to sue the other adjoining landowner for a Boundary Line Dispute. It will be difficult and expensive. It does sound like you have an expert witness, and I hope he can persuade the Judge. Quiet Title, Ejectment and Trespass may be additional causes of actions. Hire a NC... View More

1 Answer | Asked in Land Use & Zoning for California on
Q: Someone parked the car on our residential driveway in California. What should I do?

Is parking to neighbor's driveway legal? I want to know what action can I take. I do not know the owner of the vehicle.

The vehicle is blocking my car to get out of the garage.

Thanks

Louis George Fazzi
Louis George Fazzi
answered on Dec 17, 2022

Call your local police or sheriff's department and have them tow the vehicle.

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Maryland on
Q: My landlord did not provide detailed documents as stated in Md. Code, Real Property § 8-212.4. Should I still pay?

Water/sewage is stated on the lease which was signed on 2/01/2022, but as stated in Md. Code, Real Property § 8-212.4, I was not given proper information and only was given a notice on 6/26/2022 that I would have to pay water starting 9/1/2022. I just received my 1st bill this month and it’s... View More

Mark Oakley
Mark Oakley
answered on Dec 14, 2022

Request --in writing, and dated-- the detailed utility invoices for the property and how the amounts billed to you were calculated. Cite the code section. State that their request for payment does not meet the Code requirements for supporting documentation and billing details, and that upon... View More

2 Answers | Asked in Real Estate Law and Land Use & Zoning on
Q: If a neighbor has been pasturing your property for years that is not fenced can he claim title to that section of land?

I have about 1 acre on top of a bluff that a neighbor has pastured for many years. There is no fence establishing a property line. I have put a tree stand for hunting on that acre and the neighbor wants me to remove it. He says he owns it because he has been using it for many years. I have been... View More

Anthony M. Avery
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answered on Dec 7, 2022

Adverse Possession of the tract is very possible here as the other landowner is exercising ownership for many years. Acquiescence to a discernible boundary line is probably not an issue. Check your payment of taxes and what property you are assessed for. This is serious and you may have to... View More

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for New Jersey on
Q: Who owns/has rights to a paper street if the township has not developed it for more than 50 years? What rights do we hav

A builder has bought lots behind the two front abutting properties for residential development. The builder asked the two abutting property owners to vacate or sign his lawyer's legal paperwork ceding their portions of the paper street to him. The builder can access the property for... View More

Morris Leo Greb
Morris Leo Greb
answered on Nov 30, 2022

Anyone may improve the road subject to municipal requirements as the municipal 'owns' the right of way. If an application to vacate the private road, one half goes to each property that abuts the right of way. It would be worthwhile speaking to the municipal engineer to determine whether... View More

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