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1 Answer | Asked in Family Law, Elder Law, Land Use & Zoning and Probate for Puerto Rico on
Q: How soon after a parent's burial, does it take to disburse with their assets if there is a will.

I am unsure if my mother left a will (chances are she did), but how soon after her burial does it take to disburse with the house that was originally purchased by both parents around 1970, but then the father passes away? In this scenario, I understand that the house's worth is split 1/2 to... View More

James L. Arrasmith
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answered on Sep 2, 2024

In Puerto Rico, the process of disbursing a deceased person's assets, including real estate, depends on several factors, including whether a will exists and the specifics of the inheritance laws. If your mother left a will, the process to distribute her assets can only begin after the will is... View More

1 Answer | Asked in Constitutional Law, Internet Law and Land Use & Zoning for South Carolina on
Q: A company came to my property and installed a internet pull box and destroyed my private property. What rights do I have

They tore out a bunch of my trees and tore my driveway up without concent. I'm estimating about 200 sq ft was destroyed of woods.

James L. Arrasmith
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answered on Aug 31, 2024

You have the right to take action if a company entered your property without permission and caused damage. The company likely violated your property rights, and you may be entitled to compensation for the damages they caused, including the destruction of your trees and driveway. Documenting the... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Neighbor had recent property line survey. Saying my driveway is on their side.

I have been in my home for over 30 years. The previous owner put in a driveway. (about 40 years ago)

My next door neighbor who moved in 18 years ago decided to recently survey the property. Told me my driveway is on their side. May want a section broken off. What are my rights?

James L. Arrasmith
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answered on Aug 29, 2024

In California, you may have legal grounds to keep your driveway where it is due to a concept known as "adverse possession" or "prescriptive easement." Since the driveway has been in place for over 40 years, and you’ve used it openly, continuously, and without the... View More

1 Answer | Asked in Contracts, Land Use & Zoning and Landlord - Tenant for Kentucky on
Q: A household member committed a crime and was arrested on the property of an apartment we are leasing, can we be evicted?

The household member had recently been charged with wanton endagerment, and criminal mischief to a place outside of the property we are renting, and they gave us a 14 day notice to quit the premises stating kentucky statute 383.660, The one arrested isn't going to be coming back to premises,... View More

Timothy Denison
Timothy Denison
answered on Aug 29, 2024

Yes, although you may have some defenses. Consult an attorney and give him all the facts of your case before you take any action.

1 Answer | Asked in Land Use & Zoning for California on
Q: Is there long term parking allowed in an easement in San Diego County?
James L. Arrasmith
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answered on Aug 24, 2024

In San Diego County, parking long-term in an easement can be complicated. Easements are generally designated for specific uses, like access or utilities, and parking could interfere with those purposes. If an easement is intended for access, long-term parking could violate the terms of the easement... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for California on
Q: southern california edison wants me t move my fence 8 ft from the transformer.

it was a vacant lot and transformers was already there. i went through the realtor and the builder. I had no say so where I put my fence. i asume everything was on th up and up.

James L. Arrasmith
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answered on Aug 20, 2024

It sounds like you're facing a challenging situation with Southern California Edison regarding your fence. Since the transformer was already on the lot when you purchased the property, it's understandable that you assumed everything was in compliance. However, utility companies often have... View More

1 Answer | Asked in Contracts, Real Estate Law, Land Use & Zoning and Landlord - Tenant for California on
Q: How to create an easement road agreement, from property owner to others?
James L. Arrasmith
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answered on Aug 19, 2024

To create an easement road agreement, start by identifying the parties involved, including the property owner granting the easement and those receiving the benefit. The document should clearly describe the specific portion of the property that will be used as the easement and outline its intended... View More

1 Answer | Asked in Tax Law, Energy, Oil and Gas, Land Use & Zoning and Landlord - Tenant for Minnesota on
Q: Hotel City and State lodging tax over 30 consecutive days. Outdoor energy, and parking lot rules. Pet pees.

living in a hotel for 9months. I found out from another guest, after 30 consecutive days of living here, we should be exempt for paying state and city lodging tax. They continued to charge us and say we need to bring paper work from the county to prove that. Can I get a refund for that? They charge... View More

James L. Arrasmith
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answered on Aug 15, 2024

If you’ve stayed in the hotel for more than 30 consecutive days, you might indeed be exempt from paying state and city lodging taxes. You should check your local laws, and if the exemption applies, you could be entitled to a refund for those taxes. You may need to gather documentation showing... View More

1 Answer | Asked in Real Estate Law, Civil Rights and Land Use & Zoning for California on
Q: My dad died and gave me an RV that sits on my moms property code enforcement wants to remove it he's dead do I have to?
James L. Arrasmith
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answered on Aug 6, 2024

I'm sorry to hear about your loss. Under California law, the enforcement of property codes can be stringent, even in cases involving personal property like an RV. Since the RV is on your mom's property, local code enforcement can still require its removal if it violates zoning or land use... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Land Use & Zoning for Wisconsin on
Q: Allodial title to my property my full ownership and tax laws. Also I am retired.
James L. Arrasmith
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answered on Aug 5, 2024

Allodial title refers to a property ownership concept where the owner holds the land free and clear of any superior landlord. In the United States, true allodial title is virtually non-existent. Instead, most property ownership is under a fee simple title, which means you have complete ownership... View More

1 Answer | Asked in Land Use & Zoning for California on
Q: Can an RV unit be parked on property and used as a recording studio or storage space without being a dwelling in Sonoma?

We have two RVs on our property in Sonoma County and wish to have one for rent or registered as a caretaker unit and the second as a recording studio/private writing den and storage space. Is that allowed, would both still be considered a dwelling, would the second one have to be unplugged and... View More

James L. Arrasmith
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answered on Jul 26, 2024

In Sonoma County, the use of RVs on your property has specific regulations. Using an RV as a recording studio or storage space without using it as a dwelling might be permissible, but there are certain conditions you need to meet. Generally, for an RV not to be considered a dwelling, it must not be... View More

2 Answers | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Small Claims for New York on
Q: My landlord is demandind I remove my bird feeder on my private balcony, is that allowed?

Hello, I have a question regarding a tenant - landlord relationship. My landlord is demanding I remove my bird feeder, however nothing in the lease states I cannot have one. My bird feeder is causing no harm to any other resident, and no rodents or other pests are being attracted as a result of... View More

Tim Akpinar
Tim Akpinar
answered on Jul 18, 2024

A landlord-tenant attorney could advise best, but your question remains open for three weeks. You're doing a kind thing for animals, especially in the winter, when food is scarce. However, your landlord would probably challenge your feeder on the grounds of disease prevention. Check with a L-T... View More

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1 Answer | Asked in Immigration Law, Real Estate Law, Land Use & Zoning and Municipal Law for Pennsylvania on
Q: What lawyer do I need for house condemnation?

My house was condemned unfairly. It is not unsafe or unsanitary. My kids and I are now homeless. I appealed and have a hearing in August. City officials are saying I don't have a chance no matter what I do. Even if I do what they are saying is making it condemned. How can I fight this? I need... View More

James L. Arrasmith
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answered on Jul 18, 2024

You need to consult a real estate attorney who has experience dealing with property disputes and local government regulations. This type of lawyer can help you understand the specifics of your case, gather necessary evidence, and represent you at your hearing in August. They can also challenge any... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: My neighbors cut down several trees in their backyard which caused a different tree to fall on my home. Are they liable?

The back yards are wooded and on slight incline. They also dug out a foundation and start building another house. They dug right next to the tree that fell on my house which softened the dirt and killed some roots.

Kent Bailey
Kent Bailey
answered on Jul 13, 2024

Additional information is required in order to provide a complete response. Is the tree located on your property or your neighbors? What is the extent of the damage to your home? Are you sure the fallen tree was caused by the activity of your neighbors? I would recommend speaking with an... View More

1 Answer | Asked in Land Use & Zoning for Minnesota on
Q: Can I sue someone who has stolen land from me n put a fence around the land

Not sure what to do to be honest.

Robert Kane
Robert Kane
answered on Jul 10, 2024

Yes, you can sue someone who has stolen land from you n put a fence around the land. Unfortunately, you don't provide any facts.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: My neighbor recently had a survey done of the property line between our houses. She became very upset when my son walked

through her yard. There are now three rebar survey markers protruding above ground about eight inches with a pink string running the length of the property. Our terrain is very sloped and I am worried that someone could injure themselves if they fell on a marker. She refuses to remove the... View More

Anthony M. Avery
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answered on Jul 8, 2024

No...You have a possible boundary dispute. If you agree with the monumented corners, then those are your corners also. You can put rubber caps on them if you want.

2 Answers | Asked in Land Use & Zoning for California on
Q: Does a secluded, inactive parking lot attached to an inactive restaurant still classify as a parking lot?

I currently have two 40’ shipping containers that I am using for storage. These containers are currently sitting on some inactive parking spaces that are part of a shut down restaurant. I have received a citation (GGMC9.16.040.140(F)) making claim that they are sitting on parking spaces. These... View More

Robert Kane
Robert Kane
answered on Jul 5, 2024

I believe a secluded, inactive parking lot attached to an inactive restaurant is a parking lot.

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3 Answers | Asked in Business Formation, Business Law, Civil Litigation and Land Use & Zoning for California on
Q: Corporate building and parking lot is private own. We are having a charity event can the city charge a fee for permit?

My work is having a charity event and the city is saying they want to charge the company a fee for traffic flow and for the parking lot being blocked off for car show. But the building and parking lot is private own by corporate. Can the city charge for having an event on the business private... View More

Robert Kane
Robert Kane
answered on Jul 4, 2024

Yes, the city can charge for having an event on the business private property. A car show is well beyond the normal usage for which the property was zoned for.

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1 Answer | Asked in Contracts and Land Use & Zoning for Michigan on
Q: Is there value for a deed for interment rights for 4 plots at Arborcrest Cemetery purchased in 1956 in Ann Arbor?
Brent T. Geers
Brent T. Geers
answered on Jul 2, 2024

Probably. Call the cemetery and find out. They would probably pay you something so that they can sell those spaces to someone else.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Contracts for Arizona on
Q: I gave Jamison wells $40,000.00 for land . I moved here and now he wont parcel out the property for me. what do I do

I have signed receipts with witness signatures as well as text messages that he says I paid him for the property. I also have texts where he threatened my property so I got an injunction of harassment against him. As well as him threatening to kick me off of his property. without that parcel... View More

Anthony M. Avery
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answered on Jul 1, 2024

Why did you not get a Deed? Now you will have to sue seller for specific performance, and you must have perfect proof that you paid the agreed consideration. But why did you get an injunction without suing for the land? Hire an AZ attorney.

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