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Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning, Probate, Energy, Oil and Gas and Estate Planning for Arizona on
Q: My dads wife hid assets and alot of mineral and oil rights so I can't find them.im rep of estate,only heir, how to find?

My dad and grandpa had alot of mineral rights I am rep of estate, only heir on,y child, his wife lied to judge and said he had no child I proved I am only child, she has

Gifted and illegally sold some if his assets that should of went to me when she passed, can't find estate house,... View More

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2024

An Arizona attorney could advise best, but your question remains open for two weeks. It sounds like you have been thrust into a difficult role as rep (do you mean administrator or executor?). Maybe the best thing for you do would be to consult with an attorney who handles wills, trusts, estates.... View More

1 Answer | Asked in Land Use & Zoning for Massachusetts on
Q: I need someone to help me with a land dispute i am disabled and need help

I am seeking a lawyer to help me with a misrepresentation of land that was for sale using the wrong address given for property i purchased which was advertised on zillow. The realtor mislead me to belive i was purchasing land advertised i went through real estate company. I trusted the... View More

Tim Akpinar
Tim Akpinar
answered on Jun 2, 2024

A Massachusetts attorney could advise best, but your question remains open for four weeks. It could be difficult for attorneys here to respond to your request for legal services. The format here is brief Q & A, no soliciting. You would need to reach out to attorneys on your own. You could... View More

1 Answer | Asked in Civil Rights, Land Use & Zoning and Landlord - Tenant for California on
Q: What are our rights regarding habitability and fair housing discrimination?

Health Issues: We have documented PTSD, anxiety, and depression, worsened by our living conditions.Persistent Problems: Ongoing pest infestations, leaks, noise, and unauthorized entries, despite complaints.Retaliation: Management has retaliated against us for raising issues and ignored... View More

James L. Arrasmith
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answered on May 28, 2024

In California, tenants have significant rights when it comes to habitability and fair housing. Here are some key points relevant to your situation:

Habitability:

- Landlords must maintain rental units in a habitable condition, which includes addressing pest infestations, leaks, and...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: I sold my house last year. Can the new owners' insurance co request that I pay for a claim that THEY made 11 mos later?

Hello, I'm wondering if you can help with a problem we're having. We sold our house last year, and now 11 months later, we've received a letter in the mail stating that we owe $25,000 because of a building code violation on the property. The letter was from a title insurance company... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on May 22, 2024

The answer is "it depends." It depends on the terms of your contract. Also, some title insurers slip in a form for seller signature that reads "you are inducing us to sell a policy of title insurance to the buyers..."

We never let our clients sign this. It creates a duty...
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1 Answer | Asked in Civil Rights, Elder Law, Land Use & Zoning and Small Claims for California on
Q: Can I sue my neighbor & HOA since my neighbor double parks in front of my garage preventing me from using our garage?

We have taken pics and sent emails to the HOA. All I'm told is that they escalated the problem. She just got a ticket. I called a tow number listed on the property and was told they could not tow her because it's not a red fire lane and they can get in trouble. Now the tow company said... View More

James L. Arrasmith
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answered on May 21, 2024

Based on the information you've provided, it seems that you have a valid concern and your neighbor's actions are causing significant inconvenience and distress. Under California law, you may have grounds for a legal claim against your neighbor and possibly your HOA. Here are a few points... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Can TN new neighbor change location of my easement if I have easement deed?
Anthony M. Avery
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answered on May 13, 2024

Not without your permanent agreement. But he can try to terminate the easement or file a declaratory judgment action on it. Having an easement in your chain of title is worthless as it must be in the servient estate's title.

1 Answer | Asked in Civil Rights, Environmental, Land Use & Zoning and Municipal Law for Oklahoma on
Q: How do I make to where I don't have to mow my yard? How can I make this work to feed the bees and let nature be natural?

I wanna feed the bees w/ the natural growth of my yard, I don't have time to plant flowers or mow my yard. I don't have the money nor the time to take care of it and I love suppling the wild life with a safe natural home and food. It's my home I don't see what's wrong with... View More

Charles Watts
Charles Watts
answered on May 8, 2024

While I understand your preference, the city is allowed to enact city codes for the safety and welfare of the citizens within the city limits. Tall grass is one of these items because, whether we agree or not, can create a hazardous condition in the event of grass fires. Unfortunately this... View More

2 Answers | Asked in Land Use & Zoning, Real Estate Law, Banking and Landlord - Tenant for California on
Q: I have a document of thee FDIC. It states BMO Bank National Association (Certt#16571) what am I suppose to do with it?
James L. Arrasmith
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answered on May 7, 2024

If you have received an FDIC certificate for BMO Bank National Association (Cert #16571), it means that your deposits with this bank are insured by the Federal Deposit Insurance Corporation (FDIC) up to the maximum amount allowed by law, which is currently $250,000 per depositor, per insured bank,... View More

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2 Answers | Asked in Constitutional Law and Land Use & Zoning for Washington DC on
Q: If the amount of homeless exceeds the amount of room in shelters how can homelessness be a crime?

And why is the supreme court taking on this issue? Especially considering its more of a local matter. Are they trying to impose a federal policy? If so how can it be a one size fits all.

James L. Arrasmith
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answered on May 1, 2024

When there are more homeless individuals than available shelter spaces, it raises questions about the fairness and legality of criminalizing homelessness. This issue often centers on the fundamental rights of individuals versus public policy and safety concerns. The laws vary by location, but in... View More

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: Sept 2022 I inherited my parents 1st home located in Burgh. April 17th the property surveyed and marked the 17th the

neighbors had thrown a rug over the marker by the 26th they had removed the survey markers and put up landcaping blocks. (neighbor is a landscaper) These people have harrassed my parents when they were alive and now harrassing me. I contacted both the Troy Police and survey co. Law 2005 chapter 730... View More

James L. Arrasmith
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answered on May 1, 2024

I'm sorry to hear about the ongoing harassment and property issues you're facing with your neighbors. It sounds like a very stressful and frustrating situation, especially given the history with your parents. Here are a few thoughts and suggestions on how to proceed:

1. Document...
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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Minnesota on
Q: I have shared property easement with 9 owners. One owner is blocking access on both ends trapping other owners boat lift

1 Owner is blocking access both in and out at both ends of easement and trapping others boat lifts with her lifts on both ends. She is threatening Legal action if we move her lifts to access or move ours.

Robert Kane
Robert Kane
answered on Apr 24, 2024

Initially, you and the other owners should sit down and organize your thoughts. I would think contacting the county (or other governing body) with your complaint would be next. Then you should be able to determine what remedies are available. I doubt any attorney is going to advise you to... View More

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2 Answers | Asked in Consumer Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: No Fruit Trees - HOA? Can anything be done to secure my rights

No Fruit Trees - HOA?

Just notice in the HOA handbook (which no one gave us but is listed in facebook - because everyone uses that right!!!) -No fruit bearing trees are permitted.

However, it doesn't say whether it's a backyard rule or not. In addition, I have a FENCED in... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 21, 2024

Of your HOA says no fruit trees, it's no fruit trees. You signed up when you bought your house for the HOA rules in place then, and as changed. You may not like it, you may think it's a stupid rule, but it's a rule. Courts will not overturn an HOA rule as long as the rule is not... View More

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3 Answers | Asked in Land Use & Zoning and Real Estate Law on
Q: a piece of property next door to me, original owner was alive, he verbally handed over to me in case of his death.

How do I legally obtain the property?? My neighbor was a no-nonsense guy who didn’t live frivolously!

Anthony M. Avery
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answered on Apr 19, 2024

Hire an OK attorney to search the title and determine ownership. Without a deed a non heir does not take, and your oral gift violates the Statute of Frauds. So you might make a deal with his heirs. See if taxes are delinquent also, as a tax sale might be available.

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3 Answers | Asked in Land Use & Zoning and Real Estate Law on
Q: a piece of property next door to me, original owner was alive, he verbally handed over to me in case of his death.

How do I legally obtain the property?? My neighbor was a no-nonsense guy who didn’t live frivolously!

John Michael Frick
John Michael Frick
answered on Apr 19, 2024

There is likely no way to legally enforce a verbal promise to hand over real property in these circumstances. The decedent should have made a Will or recorded a Transfer on Death Deed. At this point, you will have to contact his heirs and ask them to deed the property to you, and they are under... View More

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3 Answers | Asked in Land Use & Zoning and Real Estate Law on
Q: a piece of property next door to me, original owner was alive, he verbally handed over to me in case of his death.

How do I legally obtain the property?? My neighbor was a no-nonsense guy who didn’t live frivolously!

Michael Joseph Larranaga
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answered on Apr 19, 2024

Contact an attorney to discuss your facts. If you exchange money, then you may have a few options. But either way, if a deed was not recorded, filed, or signed then it is an uphill battle.

Please be aware that any answer is based on all the events occurring in Colorado. Further, please be...
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4 Answers | Asked in Real Estate Law, Estate Planning, Land Use & Zoning and Probate for Virginia on
Q: Can someone will property to another person when I was deed certain parts of the property 19 years ago?

If I was deed certain parcels of a property but they also will the entire property to someone else ( I assume this world be including my parcels considering it’s all one address) how does this work? Would I have to create a new address to live on my property or is that even possible?? What does... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Apr 17, 2024

Your question is not clear as to what you are asking, so I am going to guess that you are asking if someone can devise (gift) real estate under a Will, when part of the real estate was subdivided with several parcels being conveyed out during the decedent' lifetime. The Will can effectively... View More

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4 Answers | Asked in Real Estate Law, Estate Planning, Land Use & Zoning and Probate for Virginia on
Q: Can someone will property to another person when I was deed certain parts of the property 19 years ago?

If I was deed certain parcels of a property but they also will the entire property to someone else ( I assume this world be including my parcels considering it’s all one address) how does this work? Would I have to create a new address to live on my property or is that even possible?? What does... View More

Osama Khalil
Osama Khalil
answered on Apr 17, 2024

In short, if you were given certain parts of a property years ago but the owner now willed the entire property to someone else, including your parts, it means you technically own those parts, but someone else owns the whole property. You may need legal help to clarify your rights and possibly... View More

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4 Answers | Asked in Real Estate Law, Estate Planning, Land Use & Zoning and Probate for Virginia on
Q: Can someone will property to another person when I was deed certain parts of the property 19 years ago?

If I was deed certain parcels of a property but they also will the entire property to someone else ( I assume this world be including my parcels considering it’s all one address) how does this work? Would I have to create a new address to live on my property or is that even possible?? What does... View More

Anthony M. Avery
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answered on Apr 17, 2024

If the testator did not own the property deeded to you earlier, then it is not part of the testate estate and cannot be devised. Hire a VA attorney to search the title and ensure noone else is claiming your parcels. Also make sure you are paying taxes on your properties, under a correct address... View More

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4 Answers | Asked in Real Estate Law, Estate Planning, Land Use & Zoning and Probate for Virginia on
Q: Can someone will property to another person when I was deed certain parts of the property 19 years ago?

If I was deed certain parcels of a property but they also will the entire property to someone else ( I assume this world be including my parcels considering it’s all one address) how does this work? Would I have to create a new address to live on my property or is that even possible?? What does... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Apr 17, 2024

More facts are required to answer this question accurately. Your question seems to touch on several different legal topics. First of all, a deed is effective upon delivery to the grantee. To preserve his or her rights against the rest of the world, the grantee should record the deed in the... View More

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1 Answer | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Georgia on
Q: My dad and mother share a life estate and are divorced, but they are leaving their life estate to their 3 children. The

Land is currently in one piece, not designated into 3 as to who gets which piece. My sister is wanting to build a house on her piece that she will get but my mom is refusing to designate who gets what piece because she says it will break the life estate. Will drawing up the tract and designating... View More

Anthony M. Avery
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answered on Apr 17, 2024

If Mom and Dad only have life estates, then none of their issue will get anything at their deaths. Hire a GA attorney to search that title and determine ownership. If you stated the facts correctly, then nobody wants to build on the tract. Who is the remainderman?

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