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Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Connecticut on
Q: The property is in my name and my mom has life use what are my rights with the property

she pays the bills and taxes. i tried going mudding in the woods and brought some friends she flipped out because i was disrespectful. she banned my friends from coming over so i wanna know if she had the right to do that

Anthony M. Avery
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answered on Dec 20, 2023

Without searching the title, I assume you have the remainder and Mother the life estate. If so your estate does not vest in possession until her death. You cannot enjoy the property until then. If she damages the property, you might sue her for damages/waste. Usually the life tenant pays... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for Georgia on
Q: Is it possible to over turn a lawsuit judgement?
T. Augustus Claus
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answered on Dec 19, 2023

Yes, it is possible to overturn a lawsuit judgment in Georgia, but the process involves specific legal procedures. To challenge a judgment, you typically need to file a motion with the court within a certain timeframe, presenting valid legal reasons for the request, such as new evidence or errors... View More

3 Answers | Asked in Civil Rights, Identity Theft and Land Use & Zoning for California on
Q: can schools gather car information such as insurance, registration and drivers license for a parking permit

The public high school wants to get out car information for us to park in there student parking lot.

James L. Arrasmith
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answered on Dec 18, 2023

In California, public high schools often have policies requiring students to provide certain car information, such as insurance, registration, and driver's license details, to obtain a parking permit. This practice is typically part of the school's efforts to ensure safety and proper... View More

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1 Answer | Asked in Land Use & Zoning and Civil Litigation for California on
Q: Neighbor put fence on my property. Who owner of this fence? I did not give permission. Took down my fence .

No written notice. Wants put in jail if I remove it. I say my property, deed my name.

Told I have to go to court to prove it is on my property even tho the property disc is there. Tks.

James L. Arrasmith
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answered on Dec 17, 2023

In California, if your neighbor has constructed a fence on your property without permission, this can be a case of encroachment. Legally, the fence built by your neighbor on your property is considered their property. However, since it's on your land without consent, you have rights that need... View More

2 Answers | Asked in Land Use & Zoning, Personal Injury, Municipal Law and Small Claims for California on
Q: Septic runoff major issue. 2 properties not including mine.

Sometime this year the apartments(8unit) up the alley had a septic issue and they let their entire waste water runoff into the alley and onto my property and just pretended like it didn't happen, for 3 days. My yard still smells because of it. Furthermore the apartment one closer to mine, (10... View More

James L. Arrasmith
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answered on Dec 3, 2023

In California, dealing with septic runoff and property damage caused by neighboring properties is a serious matter. First, document the damage and the runoff, including photos and any other evidence of the septic issue and the altered water flow causing damage. This documentation is crucial for any... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Land Use & Zoning for Ohio on
Q: How would I know if my village water company is in violation of the fair housing act?

I feel like I'm being treated unfairly by my local water company

James L. Arrasmith
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answered on Dec 1, 2023

To determine if your village water company is violating the Fair Housing Act, you need to consider whether their actions involve discrimination based on race, color, national origin, religion, sex, familial status, or disability. The Fair Housing Act primarily addresses housing discrimination, but... View More

1 Answer | Asked in Land Use & Zoning, Municipal Law and Real Estate Law for New York on
Q: Can you live in a tent on private land in monroe county new york?
T. Augustus Claus
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answered on Nov 30, 2023

In general, residential areas in Monroe County are zoned for single-family homes. This means that you would need to have a permit to live in a tent on private land in a residential area. However, there are some exceptions to this rule. For example, you may be able to live in a tent on private land... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: My real estate agent broke my property up into two pieces to sell without asking me

I have 23 acres for sale with a house she broke the house off the acreage and is trying to sell it in two pieces and did not ask me if she could do that

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

In the absence of any agreement with your real estate agent to list the property in separate parcels, you ultimately have the legal right to refuse to sign a contract to sell your property in two separate parcels.

Simply tell your agent you are not interested in selling your property as two...
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2 Answers | Asked in Real Estate Law, Tax Law and Land Use & Zoning for California on
Q: I've got property in South Carolina and I'd like to know the value of it. I've been getting a few offers from around the

Country. Is there a (Free) state website I can go to and find out the REAL value of my property?

James L. Arrasmith
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answered on Nov 28, 2023

Assessing the value of property in South Carolina can be approached in several ways, although there's no specific state website that provides an exact "real value" for your property.

One option is to check the county assessor's website where your property is located in...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: I purchased some land approximately 10 years ago people from a private subdivision have been driving on a short road on

Through it there is not an easement can i close it and not allow people to use the road

James L. Arrasmith
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answered on Nov 28, 2023

In Michigan, if you own land and there is no formal easement allowing others to use a road on your property, you generally have the right to restrict access to it. An easement would typically be recorded in the property's deed or other legal documents, so it's important to verify this... View More

1 Answer | Asked in Land Use & Zoning and Civil Litigation for California on
Q: Do property owners of private property have to give notice to the owner of the vehicle before they tow it
James L. Arrasmith
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answered on Nov 27, 2023

In California, the rules regarding towing vehicles from private property are quite specific. Property owners or their agents must provide notice before towing a vehicle, except in certain circumstances. The notice typically involves posting clear signs at the entrance of the property, detailing... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: Is there a Michigan law that states property owners are responsible for costs to maintain a private road?

2 long existing, private roads, servicing approximately 50+ properties. (large acreage parcels) These roads are in Menominee County, Holmes Township, in the woods. Ownership of the roads fall on about 10 owners, owning different stretches of the roads. There was never a maintenance agreement... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 27, 2023

Without actually examining the title it is impossible to say what to do. If there were some sort of road maintenance agreement, either created before the splits, or agreed to by ALL the property owners afterward, this is going to be difficult. You 'complicate' things by saying there is a... View More

Q: I am purchasing land to establish a farm and I am told I need a lawyer, but I don't know what kind.

I need to have a purchase agreement with the seller to proceed with the FSA who is giving a farm loan to purchase the land 100%.

Charles M.  Baron
Charles M. Baron
answered on Nov 24, 2023

For the real estate transaction, hire a real estate lawyer. If you still need to set up your business entity for the farm, hire a lawyer handling business formation. You might be able to find a lawyer/law firm that does both. Another issue is whether your land is already zoned for everything you... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for California on
Q: on a private road, that has a bridge, and is used by all, does one person have the right to tear out said bridge

Bridge is located in a subdivision and used by many residents. Every attempt to reconstruct and repair the bridge gets demolished by one person who also lives in same subdivision. Do we other residents have any legal recourse?

James L. Arrasmith
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answered on Nov 22, 2023

Under California law, if a private road and bridge in a subdivision are used by multiple residents, no single individual typically has the unilateral right to remove or damage the bridge. This is especially true if the bridge is considered a common area or is under a homeowners' association... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Kentucky on
Q: If I bought a farm with a private cemetery on it in Kentucky, do I have to allow more people to be buried in it?

A wife buried her grandchild and husband on her land and then sold it to me. Now she wants to bury more family there. Now that I own it, do I have to keep letting her bury people there?

James L. Arrasmith
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answered on Nov 20, 2023

In Kentucky, the ownership of land generally includes the right to decide how that land is used, including whether to allow additional burials in a private cemetery on the property. However, there are a few considerations to take into account.

First, review the property sale agreement and...
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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Criminal Law for Arkansas on
Q: Can I move into an abandoned property?
James L. Arrasmith
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answered on Nov 17, 2023

In Arkansas, moving into an abandoned property without permission is not typically legal. This action could be considered trespassing or squatting, which are illegal. To legally occupy an abandoned property, you would need to gain ownership through legal means, such as purchasing the property or... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: I have lived in a RSO unit with a detached garage for 15 years. The garage is detached and is in my original lease.

The garage is designated as storage not parking. The new owner wants to build an adu and plan on taking the garage/storage away. The city of Los Angeles has a huge variation of reduction between 73 to 875 dollars. How do I determine the acceptable amount of reduction? Is there a formula?

James L. Arrasmith
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answered on Dec 18, 2024

Your situation is protected under Los Angeles Rent Stabilization Ordinance (RSO), which requires landlords to provide compensation when removing housing services like storage spaces that were part of your original lease agreement.

To determine the appropriate rent reduction, you'll...
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1 Answer | Asked in Estate Planning, Real Estate Law and Land Use & Zoning for Minnesota on
Q: My FIL was 50% bene of property upon death. Can he directly pass ownership to his son without taking ownership first?

My husband's grandmother owned 80 acres and recently passed. My FIL wanted to disclaim ownership and give his 50% directly to his one and only living son. Can that be done somehow without them taking ownership first? We live in Minnesota if that makes a difference.

My in-laws meet... View More

Anthony M. Avery
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answered on Dec 18, 2024

Hire a MN attorney to search the title and possibly determine heirship.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: REAL MONEY FROM MY BANK? POWER OF ATTORNEY

REQUEST MY MONEY REAL ESTATE.I SIGN

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 8, 2024

A properly draft Florida Durable Power of Attorney should allow this to be done.

2 Answers | Asked in Land Use & Zoning for California on
Q: can a city manager deny a business , even though it complies with zoning and requiremets
Robert Kane
Robert Kane
answered on Dec 7, 2024

Yes, a city manager can deny a business license even though it complies with zoning and requiremets. The city manager should have explained why it was denied.

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