New York Land Use & Zoning Questions & Answers

Q: Where can I find settled case law for maintenance responsibility for an easement or deeded right of way in NYS.

1 Answer | Asked in Civil Litigation and Land Use & Zoning for New York on
Answered on Dec 29, 2018
Michael David Siegel's answer
You can sue. Sounds like a small claims case against each owner.

Q: how do you apply a mother-daughter to a single family house?

1 Answer | Asked in Construction Law, Family Law, Land Use & Zoning and Real Estate Law for New York on
Answered on Oct 2, 2018
Elaine Shay's answer
If you are asking how to allow use of a one-family house as a two family, you would have to amend the certificate of occupancy. This is sometimes but not always able to be done and may involve the services of an architect, expeditor or other other professional as well as an attorney.

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: We frequently have our only exit to the house blocked. Sometimes by bicycles and chairs, often by partiers and smokers.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Small Claims for New York on
Answered on Jun 12, 2018
Michael David Siegel's answer
This would violate your lease, but if police will not do anything, your recourse is to leave by breaking your lease. Be sure to document with photos these issues so you can show a court later if needed.

Q: Can an easement be easily terminated if it is no longer necessary?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Answered on May 10, 2018
Michael David Siegel's answer
The easement can be terminated. It requires a Supreme Court case.

Q: Thousands of rr ties on property in Ontario Co NY purchased approx 10 years ago.

1 Answer | Asked in Land Use & Zoning and Environmental for New York on
Answered on Feb 22, 2018
Greta Katrin Kolcon's answer
Historically, railroad ties were often treated with creosote to preserve wood from rotting quickly. The EPA has determined that coal tar creosote is a probable human carcinogen, meaning that it is an agent directly involved in causing cancer.

Although there are special rules for railroads and utilities, in general in New York, railroad ties treated with creosote cannot be sold, burned, or disposed of unless in compliance with a permitted facility. This link will take you to the...

Q: Condo sponsor not giving me my assigned storage space

1 Answer | Asked in Contracts, Real Estate Law and Land Use & Zoning for New York on
Answered on Feb 22, 2018
Michael David Siegel's answer
If the space is licensed and not deeded you need to sue for breach of contract. The papers will govern.

Q: I am a homeowner in Long Island, NY. We have a friend of the family who’s fallen on hard times and is living with us.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Answered on Dec 19, 2017
Michael David Siegel's answer
Seems like BS. Just go to the Town and say what you said here.

Q: IN WHICH BRONX COUNTY COURT AREA CAN I OBTAIN INJUCTION TO STOP STREET CONSTRUCTION THAT DRILL INTO MY HOUSE WHAT FORMS?

1 Answer | Asked in Construction Law, Land Use & Zoning and Real Estate Law for New York on
Answered on Oct 17, 2017
Barry Eran Janay's answer
You most likely would have to file a notice of claim with the NYC Comptroller First and then file a suit in the NY Supreme Court, Bronx County.

Q: what are my rights as a sub-leaser who has had property damage from a leak in the building?

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Landlord - Tenant for New York on
Answered on Aug 29, 2017
Barry Eran Janay's answer
File small claim against landlord and tenant who caused the problem.

Q: I paid for an extension on my sons house because he advised me it would be better than living by myself (over 70K)

2 Answers | Asked in Civil Rights, Consumer Law, Land Use & Zoning and Real Estate Law for New York on
Answered on Aug 15, 2017
Derek John Soltis' answer
I am sorry to hear about your situation. You do have options. You should consult with an attorney to devise a strategy. Talk with an attorney to go over all of your options. Getting advice in a public forum is not really appropriate for your situation

Q: can the city zone way all new residential development in a sensitive area without it being a taking?

1 Answer | Asked in Land Use & Zoning for New York on
Answered on May 24, 2017
Ali Shahrestani, Esq.'s answer
It might be considered a taking, and then there'd be a right to just compensation for the landowner. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...

Q: A country club across from my house relocated their driveway. Car headlights now scan through my house. What can I do?

2 Answers | Asked in Land Use & Zoning and Real Estate Law for New York on
Answered on Apr 26, 2017
Barry Eran Janay's answer
It sounds like you may be out of luck. This is a local zoning issue that you have to take up with your locale and it sounds like you have done so. If the hours that the cars were coming in and out of the club were unreasonable maybe there is a private nuisance issue, but that's pretty doubtful. Maybe a decent window treatment isn't such a terrible idea...

Q: Who pays for the septic problem on property when it is a trailer owned by me and land by owner of park?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Answered on Apr 11, 2017
Barry Eran Janay's answer
Did your shit cause the septic problem? You may need to have your shit checked. Is the septic system shared? You may have to check your neighbors shit then. I'm kidding, but in all seriousness, you probably have a lease or license agreement at the trailer park and that would give some guidance as to your rights, responsibilities, and obligations, as well as those of the landlord (trailer park owner / manager).

Q: I am buying a house with a barn, it is under contract at the moment. Am I aloud to go in and start cleaning the barn?

3 Answers | Asked in Real Estate Law and Land Use & Zoning for New York on
Answered on Apr 9, 2017
Michael David Siegel's answer
Unless the contract allows it, you cannot go on the property until closing.

Q: Can my local town force me to put my electric service wires underground

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning and Municipal Law for New York on
Answered on Feb 27, 2017
Ali Shahrestani, Esq.'s answer
Yes, based on various public utilities and construction laws. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...

Q: I live in a Condo in Dutchess County, NY and my car was towed from the private property at the

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Answered on Feb 21, 2017
Barry Eran Janay's answer
Liability likely depends on the verbiage of the signage, but in any event you can go to the small claims court in your jurisdiction and name both parties just to ensure that the responsible party gives an Answer.

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