But like the adage that sometimes a cough is not just a cold, local planning and zoning officials must be able to recognize the signs that legal help is needed. Not every rezoning or other process requires your attorney, and legal counsel is no substitute for having adequately trained planning commission and zoning board of appeals members.
Hiring an attorney or using the municipal staff attorney for planning and zoning should be coordinated with your local elected body or government administrator. A municipal charter or policy may affect the representation, including who can authorize the expense.
Not every rezoning or other process requires your attorney, and legal counsel is no substitute for having adequately trained planning commission and zoning board of appeals members. (See MSU Extension news article on continuing education).
This typically occurs when a variance is pursued after a permit or other request is denied. Another time to contact your attorney is before you initiate legal action to enforce zoning or another ordinance.
How Can I Get Around a Zoning Ordinance? If you own property that is subject to a zoning ordinance and that ordinance is preventing you from using your land the way you intend, you may attempt to circumvent the zoning ordinance through a variance or an amendment or rezoning.
Zoning allows local governments to regulate which areas under their jurisdiction may have real estate or land used for particular purposes. Examples of zoning classifications include residential, commercial, agricultural, industrial, or hotel/hospitality, among other more specific designations.
There are four major types of land use zoning:Functional zoning. The most prevalent form of zoning where land use zones are defined according to their function, such as commercial, residential, or industrial. ... Form-based zoning. ... Intensity zoning. ... Incentive zoning.
Zoning is a method of urban planning in which a municipality or other tier of government divides land into areas called zones, each of which has a set of regulations for new development that differs from other zones.
Commercial zoning ordinances can determine: Type of businesses allowed; Activities the business is allowed to engage in; and. Activities the business cannot take part in. These laws can regulate anything that contributes to the aesthetic of the zoned area like: Architecture style; Landscaping; and.
Zoning can occur before building, or before land use, but also when areas are already established. Here, the city or the county will divide a particular area of land into zones or districts. They can then decide what that land, and structures located on it, can be used.
Zoning ordinances are rules that regulate how property in a particular location can be used. Locations are defined by geographic location or specific coordinates on a map. Usually, these locations are limited to areas within cities and counties. That is, the local government can limit and regulate what activities are performed within its ...
Non-compete zoning laws join in traditional regulations, such as all buildings must be brick and have specific signage. These ordinances are meant to benefit not only the city but the property owner and the community. Additionally, new businesses may have the option of applying for a variance.
Variance is allowed when the zoning ordinance is so strict, and they create an unjust hardship on property owners. To prove hardship, the property owner must show the property has such unique features that the value would suffer otherwise.
In zoning, this means the grandfather clause may protect a resident or commercial business. This is typical of changes in zoning laws that have a negative impact on businesses. Find the Right Real Estate Lawyer. Hire the right lawyer near your location. Find My Lawyer Now!
You might even find that zoning laws would benefit your property. For example, newly developed cities apply a non-compete zoning ordinance to benefit and diversify the zoned area. In these cities, there might be two sports bars located on the same street.
In order to dispute zoning changes, the property owner will have to make a strong case showing why the proposed changes would negatively impact them or their community. While property owners can have a powerful impact on opposing the proposed zoning changes, they will need to prepare evidence, images, charts, and documentation that proves their case. If the zoning board moves forward with the zoning change, despite opposition, property owners may still be able to dispute the zoning changes with the help of a lawyer. If the changes were made illegally or unlawfully, the property owner may be able to take legal action to reverse the change.
Zoning refers to certain limitations and restrictions regarding how land may be used in certain communities (or "zones"). These zoning laws are put in place by local governments and they can be changed at any time by those governments. A property owner may need to dispute zoning changes if the new zoning regulations hurt the owner's investment and/or if the new regulations make the land's current usage illegal. For example, the land may currently be being used for a business, and a zoning change would make the area residential-only, meaning the business would have to close.
Zoning regulations create different categories of land use, including residential, commercial, and industrial. Local zoning authorities separate the land within a county or municipality into different areas where properties can be used for residential, commercial, and industrial purposes.
Zoning laws are complex, and it can often be difficult to determine if a piece of property is fit for its intended use.
Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve: Neighbors; Landlords and Tenants; Homeowner Associations (HOAs);
Remedies for property disputes often depend on the nature of the dispute and the state where the property is located. Potential remedies include injunctions, judicial sales, monetary damages, and quiet title actions.
Sometimes, a dispute can be resolved by just talking to your neighbor and maintaining a good relationship with them. Politeness and respect can go a long way in resolving minor disputes. If it gets to the point where you feel a demand letter is necessary, you can certainly discuss that option with an attorney.
Homeowner Association Responsibilities: Which may bring up questions of whether the HOA is responsible for maintenance and upkeep of some elements of the neighborhood. Utility Easements: Sometimes homeowners may not realize whether or where utility easements are located on their property.
A property dispute is a legal dispute that involves real estate. While it may sound relatively simple, the term “property dispute” covers a wide range of possible disputes over a wide range of property. The property involved could be anything from a vacant lot to a home, deck, condominium, manufactured home, pond, driveway, ...
Or, for instance, if a neighbor cuts down one of your trees, you may be entitled to monetary damages (like the value of the tree). Quiet title actions are a specific type of lawsuit used to determine legal ownership of a property, and are more common when the chain of title in the public record is incomplete.
Often, boundary disputes can be resolved at least in part by having a proper survey conducted on the property (especially if you’re planning on putting in a fence). Other property disputes may become more complicated, especially when you start running into issues questioning ownership.
Be ready for your neighbor's defenses, and review the strength of your possible responses before you decide to file a lawsuit. A neighbor's most likely defenses with regard to a boundary dispute might include: 1 You have the facts wrong, or have incorrectly read the deed to your property. 2 Your neighbor owns the disputed property through adverse possession, a doctrine that allows someone who has used a piece of property without the owner's objection for a statutorily prescribed number of years to gain ownership over it. 3 Property use established a prescriptive easement, authorizing your neighbor to come across your property. 4 You gave consent to use your property. 5 You waited too long file a lawsuit, and the statute of limitations (the allowable time within which to file) ran out.
There are different types of boundary disputes, and different approaches to solving them. Cooperation and diplomacy, however, are often the best solutions, no matter which side of the fence or property line you’re on. A lawsuit against a neighbor is seldom a good idea.
When you realize that you and your neighbor have different understandings of where the boundary line is, you should be proactive. Schedule a real discussion, where each of you brings your various legal documents, largely from the home transfer and title insurance files — deeds, plat maps, and property surveys —to the table.
If your deeds or existing surveys are unclear, you and your neighbor might agree to hire a land surveyor to give you an objective report regarding the property boundaries. If factual information isn't resolving the dispute, you might also hire a mediator to facilitate a negotiation between you and your neighbor.
A boundary dispute might be a question of confusion or uncertainty. Perhaps neither you nor your neighbor has ever really looked at your respective deeds, and both had different assumptions about the extent of your property. A boundary dispute can also be for technical reasons; perhaps your neighbor's deed actually shows possession ...
Nevertheless, a lawsuit is sometimes the only way to settle a significant boundary dispute. There are generally two types of lawsuits (or “causes of action”) related to boundary conflicts.
You won’t always be able to solve boundary issues on your own, or even with the assistance of a land surveyor or mediator. You might want to consult an attorney, especially if the dispute is over a significant piece of land. A lawsuit against a neighbor is seldom a good idea.
You should contact an attorney who is experienced in handling contract and consumer fraud matter. There are specific regulations that govern home improvement contractors. If a home improvement contractor violates these regulations or otherwise engages in fraudulent conduct, you may be entitled to treble (i.e.
Hillsdale is located in Bergen County. Nonetheless I can recommend an attorney in Summit, NJ named Andrew Smith, whose telephone number is 973-206-1725. Good luck...
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only.
A general litigation lawyer should suffice as along he/she is knowledgeable in Consumer Fraud's/Contract and treble damages.