Zoning & Land Use

Pad mounted transformer outside of the easement

Buzzed — Tue, 17 Nov 2009 06:42:58 GMT

I own a residential house with a pad mounted (ground) power transformer on my property. It is located on my property outside of the easement. The easement is 10 ft. and the power transformer is 16.5 ft. in from the curb, measured at the center of the transformer box. In addition, due to a planning error, it is right smack in the center of my front yard instead of off to one side. My yard is small so it is close to the house. It has been there since the street was built in 1977 and it serves 5 houses.

I have also been there since 1977 and I have a life long, mysterious autoimmune disease that has recently progressed to life threatening. Can I force the utility co. to move it?

is renting out a house..business?

berlin47112 — Wed, 28 Oct 2009 14:37:07 GMT

is renting out a house a business? how about the need of a business license?

zoned m3 property

k.strehle — Thu, 24 Sep 2009 21:16:23 GMT

my situation is well complicated so please bare withme. some time ago we bought a house with 7 acres that once was a ...well...modeling studio. a commercial business in a m3 zoned area. we fought to get the taxes back to a single family residence which was granted. we also applied for and was granted a stepped tax break called urban reviltalization tax credit. we were also told that we could replace anything that we tear down as it was part of the house. we were also told that we could not build anything on my wood 7 acres because of zoning. 2 years ago i applied for and was granted a building permit for a 30x 50 garage. i apllied for a 24x24 additon on to the house.......the city requsted plans which i produced. no permit.also can replace a porch that i tore down. i asked my att. to be at a meeting with the city planning director...still waiting as it has been a month for them to decide. my att. calls last friday and asks me if id sell and what price. and if i would consider a 9 month option. i have talked to the land owners on either side of me and they have not heard a thing as far a business coming in. my 7 acres are approx. 7 miles west of town. the problem is it was once a farm. turned into a whore house (for 4 years) and back to a single family residence. the whore house was an illegal nonconforming use as well as now an illegal nonconforming use. the question is ...is there a case law that basically wipes the slate clean because of the citys approval in the various descions they made.

Illinois Fence Act

Jack14 — Tue, 13 Oct 2009 11:48:56 GMT

I own land zoned as "limited agricultural" that resides within the City Limits of a small Illinois town. The land adjoining mine was just recently sold and my new "neighbor" wishes to construct boundary fencing. He is telling me that under the "Illinois Fence Act" I will have to pay for 50% of the cost for this fence. His land is also zoned "limited AG" and is also within City Limits.-->-->-->

In reading (765 ILCS 130/4) of the Fence Act it appears to me that this law would not apply for land that resides within City Limits but I'm not an attorney and ask for your legal opinion.-->-->

Thanks in advance -->-->

-->-->

765 ILCS 130/4) (from Ch. 54, par. 4)
&nbs... 4. When any person wishes to inclose his land, located in any county having less than 1,000,000 population according to the last preceding federal census and not within the corporate limits of any municipality in such county, each owner of land adjoining his land shall build, or pay for the building of, a just proportion of the division fence between his land and that of the adjoining owner and each owner shall bear the same proportion of the costs of keeping that fence maintained and in good repair. The provisions of this Section shall not apply to fences on lands held by public bodies for roadway purposes.
(Source: Laws 1967, p. 3001.) -->-->

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Neighbor Hunting on my property

vwillette — Mon, 12 Oct 2009 16:45:37 GMT

My 7 acre lot sits between a neighbor and an empty lot. Most of it is wooded. When my neighbor moved in, he asked me if he could hunt on my property. I said no because of safety concerns. I now find that he has created a path across my property and built a deer stand near the line between my property and the vacant lot. What is my best course of action to ensure that he does not hunt on my property and that the deer stand is not built on my property, and if so that he take it down?

Booting by HOA's on private property in Florida

www.newbridgewaterbay.com — Sat, 10 Oct 2009 01:02:18 GMT

There is a trend by Florida HOA's to boot cars to raise revenue. At this community, Whitestone is booting cars in private driveways claiming to protect landscaping. See the whole story and pictures at http://www.newbridgewa...

We need our legislature to ban booting by HOA's and private companies on private property. The HOA has all the power and money to continue this grey practice.

Write your local representative, state senator to sponsor bill for

"No Booting by private companies in Naples or Collier County" Sample Letter:
Dear:

More HOA's are adopting unreasonable rules to boot community members on private property to raise revenue.

Since the power of the HOA's are abusing residents and many residents do not have the financial resources to fight change, they are forced to pay $160.00 to ransom their own car in their own private driveway.

I believe these HOA rules are walking the gray line and lack legal clarity.

I am asking your office review this issue and consider sponsoring a bill to ban booting or towing by HOA's on private property. Cars should only be towed if blocking emergency vehicles or driveway access. not to raise revenue for the HOA.

Thank you

Real estate

tinkal2000 — Wed, 07 Oct 2009 20:14:19 GMT

In front of my house and between the UP tracks is a parcel of land. I have checked with the Medina County Appraisers office and the Tax Office, and neither knows who owns it and no one pays taxes on it. I have contacted Union Pacific to see if they have any knowledge of ownership. Also, I contacted TXDot, as the old San Antonio Highway used to run thought the property, to see if they have any knowledge. We maintain the property and are wondering how we go about aquiring it. Is there anything as Squatter rights in Texas anymore, and if so, what does it entail?

Thanks

easement

micky2 — Wed, 07 Oct 2009 22:27:05 GMT

Our neighbor sued us for adverse possession in 2004 & we granted a easement to be used for egress & ingress to park their car. Our Lawyer told us that the property belongs to us so they could not alter it by paving. Well Now they have paved it this past monday. Are they in voiolation of the agreement. What recorse do we have. since it has been 5 years the lawyer that handeled the case has moved on.

Neighbors Garage on my land

Pat_in PA — Wed, 07 Oct 2009 01:46:51 GMT

I moved into my house 3 years ago. When I was cutting my grass the first year I was approached by my neighbor and asked to cut a little closer to my home. He mentioned that the garage he had built, a couple months before I moved in, was a little tight on the property line. I think the ordinance states it should be 10' off the line. Well I got a survey done today and found out that actually his garage is 3 feet on my land. I don't want to go jumping thru hoops with title companies, mortgage companies, and the county to have this fixed. I would rather he just move the garage 13' onto his property to meet all the local requirements. How long do I have until time runs out to get him to move it? Also, Do I have the right to make him move it? Thanks for the advice in advance.

Noise from business is excessive

kgp — Tue, 26 May 2009 20:25:12 GMT

We are the unfortunate position of living next to a commercial kennel. The house has been in my wife's family for over 100 years and originally the area was designated "permissive use" when the kennel was allowed to be established in the 1980's. At some later point the area was re-zoned "residential" and the kennel was "grandfathered in" and allowed to continue operation as an existing entity. Since then they have expanded and enlarged the business considerably and impacting the neighborhood immensely.

The noise from the kennel is unbelievable and completely disrupts our daily life, not to mention the reduction in the value of the property . The dogs start barking at 8am and continue all day until 5pm when they are taken inside. In summer we cannot sit in the yard because of the noise and have to keep windows closed if we want any kind of peace. Last year my wife had some health issues and needed to get rest for several days, the noise from the kennel was so disturbing that we had to book her into a motel to get the recovery time she needed! Calls to the kennel pleading with them to control the animals had no effect on the noise level. Can you imagine being forced out of your own home because of noise from a local business?

We have spoken to the people at the Town Hall but their response was that there was nothing that could be done and "dogs bark". We and some other neighbors met with the kennel owners two years ago to express our problems with them and they said they were having a new "soundproof" kennel built that they were sure would solve all issues. Well the new kennel has recently been opened and has made no difference at all to the noise level.

The town by-laws are very clear on dogs barking. A dog can be reported for barking if the noise continues for more than 15 minutes or can be heard from further than 200 feet away EXCEPT for commercial kennels between the hours of 7am to 7pm. I find this utterly amazing that the biggest polluter is allowed to continue with no regulations at all.

I am looking for advice on what legal recourse we may have to stop this daily assault. One suggestion has been that the kennel may be in violation of their grandfathering. At the time of the grandfathering it was a small family run business with the family living above the kennel. Since then they have moved out (presumable to a quiet neighborhood) and employed a manager that lives at the property. I don't know whether this is an issue or not.

The other suggestion has been that they may be violating Massachusetts DEP regulation 310 CMR 7.10 that states " A noise source will be considered to be violating the Department’s noise regulation (310 CMR 7.10) if the source:

1. Increases the broadband sound level by more than 10 dB(A) above ambient" . I have had the noise measured and at times the noise level did increase background by 10 decibels.

Can anyone offer any insight into this situation?

Thank you

mistake with property lines?

TSloan — Tue, 01 Sep 2009 23:11:12 GMT

I recently bought a home in a subdivision, which was built only 4 years ago . I had the property surveyed so I can put up a fence..here is the problem.. After the survey I discover my house sits only 14" from my neighbors property!(according to the current records) even though we both thought our property line ended about 10' from the house . (My yard has sod, theirs doesnt, so therefore we thought it was ours, and it was rather clear this was intended this way by the builders layout of the landscape)

Now, my other neighbors house ( vacant bank owned), a portion of their front yard ,as well as a portion of their driveway sits on our property.

We spoke with the original surveyor of the subdivision. He tells us this story...

When the developer originally had the land surveyed and divided into lots, , there were 3 lots called lot 50,lot 51(our house), and lot 52. When the builder came in to build the homes, he asked if lot 50, and lot 51s (our house) could be moved forward to get the houses out of the flood zone. He was given permission and did so. BUT, he was suppose to have the lots resurveyed in order to correct the property lines..so the homes wouldnt be sitting out of whack... soo, either that survey didnt happen, if it did, it wasnt recorded in the deeds as to the new lot placements.. therefore my house sits now, only 14" from the "old property line" and my other neighbors front yard and driveway sit across our "old" property line.... so now...I dont know what to do here..where to begin and if this is even fixable...

PS..my neighbor said I could build my fence, but he's not "giving " me any property..property he never knew he owned until now.

Owing neighbor money for fence on his property

Jkahler — Mon, 14 Sep 2009 17:54:29 GMT

We live in Colorado. We moved into our home as the 2nd homeowners about 6 months ago. When we moved in there was a back fence, but no side fences. The back fence was built 5 years ago, before our house was even built. We put up the two side fences and tied into the back fence. About 1 month after we put up the side fences our back neighbor came to us asking for money for the back fence, saying we needed to pay because the previous owners hadn't paid them for half. We had tied into it assuming it was on the property line, was there when we purchased the house and thus came as part of the property. We refused and then they told us the fence was actually on their property. In light of this new information, we plan to disconnect our two side fences and put up our own back fence. We wouldn't have tied into their fence if we had any idea it was solely on their property.

Does our back neighbor have any right to ask for payment for a fence that is solely on their property? Does Colorado have a law that requires fences to be split after construction, say 5 years after?

Final inspections

tishman — Tue, 08 Sep 2009 14:13:58 GMT

I got a letter from my municipal building saying I have three outstanding permits for work done at my home. One is 12 years old, the other 11 years old and the last 5 years old. I thought they were done but have no proof. It was so long ago. Do I still have to allow them access to my home?

Opening a Hostel in NYC - Looking for a the Right Attorney

mordcomm — Mon, 07 Sep 2009 21:30:03 GMT

My company is currently in the process of starting a hostel in New York City. While it's not a hotel in the traditional sense, in the eyes of the law, it is virtually the same, so most of the same rules apply. As we are currently in the process of searching for the right property, we are looking for an attorney that will be able to assist us with the zoning issues that will arise during the search. Since we are looking to lease a property, it is crucial for us to understand what can be used for our venture and what cannot.

We've had a hard time finding an attorney that specializes in zoning and has a solid understanding of what we're looking to do. Can somebody refer us to the right firm or individual attorney that either specializes in commercial real estate/zoning or hospitality law?

That would be greatly appreciated!

Common or not?

ken3324 — Tue, 25 Aug 2009 23:29:25 GMT

I have a question about a driveway. When we bought the lot (part of a 2 lot subdivision ) it did not mention anything about a common driveway and no common use agreement was signed. At the time the guy living behind my lot had a gravel drive that was there when he bought the property. The code of 1988 in Baltimore county said each lot must have 12 feet access, and it does. Long story short the guy behind me is a jerk. I paved the original drive and he would not pay his half. 12 years later the drive needs work and I know he would not pay again. I had a company come out and pave my parking pad and make it a little bigger, that meant I reclaimed some of my property back. This sent him into a dizzy and he got a lawyer to send me a letter that the guy behind me would be installing a fence down the driveway to the common area. The common area does not exist on a plat or the deed. The deed before mine did mention a common drive, but the plat was never changed to reflect the common area. His lawyer now wants me to have the property on the drive surveyed and he will make the area common. I say NO and want my own drive. Since his lawyer sent me the letter that he would be installing the fence I had to have my paver install a retaining wall and pave my property to the cost of 50 grand!

I went to our county officials and talked to many people, some say yes, some say no. the drive is 95% done with the last 50 foot still grass. The guy behind me now enters the drive on my property and he will have to spend a couple thousand to get his entrance.

The main question would be, can I change the deed prior to mine to get rid of the common drive saying? I did hire a lawyer with no real help.

Water drainage onto neighbor's property

AndyCO — Tue, 25 Aug 2009 17:07:16 GMT

Hello,

I recently purchased a unit in a duplex in an urban neighborhood. I had an inspection completed prior to purchase; however, the inspector missed a large defect regarding negative grading and poor drainage on the north side of the property. After tearing up the floors, I found that the house has been sinking into the ground where water pools when it rains for an unknown period of time.

The negligence with the inspector is a separate issue that I am currently dealing with. My questions stems from the remedies that have been offered to fix the grading. Most contractors agree that the concrete on the north side of the property should be overlaid or “capped” with drainage out thru the alleyways and down away from the property. Unfortunately, there are several other duplex units that back up to north side of my property. If I were to grade the concrete to my property line and allow the water move away from property, it would more than likely travel over the property line into the neighbor’s property, potentially causing drainage issues on their side if they do not have proper drainage. Can I be held liable for any damage to their property due to the modification of my drainage? I have discussed an option with neighbors that would re-grade both side of the property line to create a fully functioning drain; however, they would have to all be on board to bear the costs. If they fail to agree, I still need to get the water away from my property or risk further damage to the foundation.

Can someone please let me know what my liability is regarding this issue?

Selling house want to make sure I do not get sued

italnstallion99 — Sun, 23 Aug 2009 15:05:39 GMT

I don't know if anyone here remebers my previous posts but a few years ago I tried to use my 1 family home as a 2 family and got busted bt the zoning official twice.

I was forced to remove the stove from one of the kitchens and remove the interior door that seperated the upstairs from the downstairs. I was fined in court for abating this and never had any problems since. I also had to give the zoning officer a letter stating it's a 1 family home and tell him I removed the stove and door.

Fast Foward to now I am under contract on the house and it should close within 2 weeks. I just don't want something to come back and bite me down the road such as being sued.

The house is being sold with no stove and no door in between any of the apartments. I removed them from the home so even if the new homeowner wanted to put them back he'd have to buy new ones.

Also in the sellers disclosure I noted that I had a zoning violiation for attempting to use the house as a 2 family and correct violiation. Is that good enough or do I need to go into more detail that there is no stove allowed in the downstairs kicthen?

I don't want to mention it if I don't have to but also if the new homeowner decides to do anything with the downnstairs and the building department finds out, I don't want to be at risk getting sued or anything. I was told that once the home changes ownership I should be free and clear of any liabilities. Any advice would be much appreicated.

Pennsylvania State Law on zoning and land use

levi877 — Sat, 15 Aug 2009 11:53:17 GMT

Is there a law in Pennsylvania that if a public alley(an old borough road) has not been used in over 20 years can it be reopened? I am asking this because my parents live on property that borders what was once a public road. They have lived there for over 50 years &in all that time it has never been used. It is more like part of their yard or driveway. They recently got some new neighbors. they started using the old alley. but what really annoys them is that the new neighbors are telling other people that they can use and it is like they drive right up thru the yard. Kids on bicycles, atvs, riding mowers, etc. It is getting to be a real problem and this is the first time in all the time my parents have lived there , that there has been a problem.Can you give me any info?
Thank you.

Mentally Challenged Group Home

suggie — Mon, 17 Aug 2009 00:02:21 GMT

I have a property in a subdivision that has 4000 square foot home on 2.56 acres. I have been approached by an association that deals with mentally challeneged adults. They will have an aide that stays 24/7 365

I was told by the group wanting to rent that in Maryland the law cannot discriminate where the individuals live . I know you cannot discriminate and would not however is this true?

Granderfathering math in PA.

Drew — Thu, 06 Aug 2009 21:24:24 GMT

Any pointers as to grandfathering math in Penna?

1. I have resturant which predates zoning code which would require 40 parking places but I have none. Everyone seems to agree I am grandfathered at 40. BUT:

1.1 Suppose I downsize my existing operation to scale what requires only 30 places--and keep it that way for some time am I now grandfathered down to 30 OR do I have 10 places in the bank so to speak?

1.2 Suppose I seek to upsize my operations withing same building --everyone seems toagree I need find/add spaces ONLY for net addition

BUT

1.3 Suppose I build a totally new wing for new resturant on same tract

Suppose by code it calls for 16 spaces. Do I need 16 places or do I need only 6 assuming I downsized my original building density and can borrow from same? Got two supposedly informed answers by planners to same question--one is obvioulsy wrong--any clues? Thanks.

2. Any body know when or how to look up when did PA hold that public schools were subject to local zoning? Previously I'm told they were exempt but law changed but now they are subject to it ---beyond that I'm lost. Thanks.

Pet Burial

LegalSecy — Fri, 07 Aug 2009 01:04:46 GMT

I recently had that difficult discussion with my vet, talking about possible end-of-life scenarios for my two very elderly dogs (ages 18 and 17).

The vet explained their procedures for pain management and euthanasia, and said that I would be asked whether I wanted my pet cremated or whether I wanted to bring it home for burial on my own property.

I said, "I live inside the town limits. I don't know if that is allowed... is it?" My vet replied, "Well, I don't know, but a lot of people do it."

I have tried looking through my town's extremely lengthy municipal code and I have not been able to find anything about pet burial within the city limits.

If the municipal code doesn't say anything, does that mean it is allowed?

I know a lot of people do this, and it would be my preference when the time comes, but I don't want to break the law.

I don't want to just call a city council member and ask because I'm afraid they may decide to enact something they hadn't previously thought about if it is brought to their attention.

Boundary line agreement

Majornelson88 — Tue, 04 Aug 2009 14:31:44 GMT

Shortly after I moved into my new home - my new neighbor claimed that part of my house (an alcove) encroached on his property by 2 inches. When I reached out to my surveyor he admitted that his original survey was wrong and that the alcove on my home does encroach by 2 inches. After three years of a legal wrangling the judge has determined that my survey is wrong and the neighbors survey is correct (although my deed is correct). The judge also decided that because the neighbor was not planning to sue I cannot collect damages from my surveyor or title insurance company. To avoid more exuberant legal costs I think it makes the most sense not to appeal and to sign a boundary line agreement for the portion of my house that encroaches so that when I decide to sell there will be less complications. I will make sure that the agreement runs with the land.

My question is:

1) is there an on line service or somewhere where I can see examples of boundary line agreements - so that I can minimize the attorney costs.

2) How does adverse possession work - and how does it differ from a boundary line agreement.

thanks

Town tree causing damage.

Ringwood — Wed, 29 Jul 2009 16:59:26 GMT

There is a large tree on the sidewalk in front of my house. The branches overhang and rest on the roof of my house. They constantly clog my gutters causing water to get in my basement. The branches also rest on small trees and shrubs in my yard.

I called the town Publics Works Dept to make them aware of the situation. They said they would "put me on the list”. They could not tell me how long that might be. I talked to a neighbor that works for the town. They said that the town has eliminated the tree department. Now they send someone around to evaluate and prioritize complaints. Then they will hire someone to do the work. Their last comment was "don't hold your breath".

I was told by the town that I would be fined if I had any branches of the tree removed.

What can I do to get the town to take my concern about this tree serious?

Thanks....

Neighbor has graded my land and cut down my trees

cwm9 — Fri, 24 Jul 2009 00:32:03 GMT

My property slopes down at the rear, and my neighbor (actually, he's 3 lots down), owns both the lot his house is on and the lot behind mine, which is zoned open.

My neighbor decided to grade a path through his land, but in the process of doing so, he strayed substantially into my land, which was clearly staked and flagged at the time. The path he made is 5' wide at the widest, 3' tall at the tallest, and 85 feet long.

He then cut down three or four of my trees completely, and cut branches of several others. Many of these trees are substantially on my side of the property line.

One of the trees he cut down was about 30' high and 8' inside my property line.

You can see pictures of the damage here:

http://thoughtyard.com...

I do not necessarilly want to sue my neighbor, but he seems somewhat disinclined to make repairs that I consider suitable. In my oppinion, he really owes me the value of the trees, removal of the stumps, return of the soil, ground cover, and a retaining wall to prevent errosion. I might be willing to forgive the trees, but the more difficult he makes this for me, the less willing am I am to do that.

I'm trying to find out exactly what he is liable for, what damages in this case might be, and how I ought to proceed. Because I live on Kauai, Hawaii, it's been hard to find anyone to talk to.

Thanks-

cwm

Rezoning for Rock Concerts and Raves

Repairmanjack — Fri, 24 Jul 2009 11:19:15 GMT

We and 2 other families live in Colorado on a one lane, primitive road (16 ft wide) owned by the city of Idaho Springs and the Forest Service and some private property crosses the road. At the end of the road is a 'ranch' - 48 acres, mostly sloped, where horseback riding and a 9 room B&B has been operated a few years ago. The ranch owners have been in plenty of trouble (felonys/always on verge of losing ranch).

Since 2007 they have occasionally hosted small concerts/raves with overnight camping and about 200 attendees. No special use permits were used. They own 2 parcels of land. One is zoned M-1 Mining/Residential (this is where the stage is located) and the other is zoned A-1 Agricultural/commercial.

Now 2 ex-mortgage brokers turned jamband promoters want to start having large events on the ranch, starting with a 4 day continious camping festival:

http://www.phamilyreun...

Well before applying for a special use permit, the 'promoters' started advertising and selling tickets. This has seemingly forced the County Commissioners into a corner. Even though the Sheriff and Planning Department and Fire Department recommended denial of the permit and in the face of MANY serious safety concerns, 2 of the 3 commissioners voted to approve the special use permit. One voted to deny.

Next, the owners will go for rezoning so they can have these events all the time. Even though the property had been used for 'amusement purposes' it seems that a small B&B and horseback riding is not in league with large rock concerts.

Here is the rezoning criteria:

http://co.clear-creek....

We have learned from the permit process that common sense seems to play no role with 2 of the commissioners, so rational reasoning isn't even listened to. What can we do beyond that to ensure our safety and stop rezoning? Would hiring a lawyer really help? Obviously (to us anyway) holding large raves/rock concerts up a one lane, primitive dirt road is not a good idea. If evacuation was needed, it would be mass chaos. No emergency vehicles could get past the mad rush of hundreds of vehicles down the road. The cost to taxpayers is huge. Forest fires are certainly an issue as is noise and trespass.

Do we have a case against all these vehicles crossing the road where it crosses our private property?

Thank you very much for any suggestions.