why should i be a land use lawyer

Land use decision making is not always a do it yourself proposition for local officials; there are times when you really should hire a lawyer. No one is eager to call a doctor or an attorney. It often means something is wrong and money will be spent.

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Do you need a lawyer to sell land and property?

Sep 05, 2019 · Most important, the attorney you call must be competent, communicate effectively, and have sufficient experience in municipal law, specifically planning and zoning . The State Bar of Michigan provides an Attorney Search, and you can ask other local officials to recommend an attorney who they trust and find responsive.

Should I hire a lawyer for land use decisions?

Jul 02, 2019 · Whether you need to get an easement in order to reliably access your property, are looking at property for a new business, or have other land use and zoning law questions, an attorney should be able to help. Contact a land use and zoning lawyer near you to get your questions answered and get help with your real estate endeavors.

Why do you want to be a lawyer?

Declare that you are owner of the land or that you are entitled to occupy, use, or enjoy the land. Quash or annul a law, permit, or decree legitimising a land “grab”. Stop someone else occupying land, controlling it, or infringing your rights. Prevent a forced eviction. Enable you to return to land you have been evicted from.

Should I hire a lawyer for landlocked property?

Jan 21, 2022 · An easement is a legal document, which is why it can be helpful to have legal counsel throughout the process, especially in a new area. While you may not understand local or state laws that impact the decision-making process or your likelihood of success, a local lawyer can help to provide the insight you lack.

Why should I choose to be a lawyer?

Lawyers are in a unique position to help individuals, groups, and organizations with their legal problems and to further the public good. Public interest lawyers champion legal causes for the greater good of society and help those in need of legal assistance who might not otherwise be able to afford attorneys.Nov 20, 2019

What is the main purpose of a lawyer?

As advisor, a lawyer provides a client with an informed understanding of the client's legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the client's position under the rules of the adversary system.Nov 9, 2008

What are 5 responsibilities of a lawyer?

DutiesAdvise and represent clients in courts, before government agencies, and in private legal matters.Communicate with their clients, colleagues, judges, and others involved in the case.Conduct research and analysis of legal problems.Interpret laws, rulings, and regulations for individuals and businesses.More items...

What is the most important duty of a lawyer?

Lawyers as guardians of the law play a vital role in the preservation of society. The fulfillment of this role requires an understanding by lawyers of their relationship with and function in our legal system. A consequent obligation of lawyers is to maintain the highest standards of ethical conduct.Apr 9, 2017

What is commercial land?

It is defined as land designated for businesses, warehouses, shops, and other infrastructure related to commerce. Commercial land is usually included in city planning because it is essential to the economy of a community.

What is zoning in law?

Zoning is how the government regulates land and is codified in local zoning laws or ordinances. Land use is a more nebulous term. It can refer to the way that people (landowners) adapt the land they own to suit their needs through arrangements, inputs, or activities.

Who is Erika from New York?

Erika is a former Affordable Housing Director for the City of New York turned full-time Land Investor. She used to help New Yorkers find affordable housing, now she helps people find affordable land around the US.

What are the different types of farms?

There are different types of farms including crop farms, fish farms, dairy farms, poultry farms, and meat farms. In all of these scenarios, farmers take the products they make on the land – whether they’re vegetables or animal products – and sell them for economic gain. This is their livelihood and how they survive.

What is a ranch?

This is their livelihood and how they survive. Ranch. A ranch is a place where livestock is raised and grazed to produce meat and other products. Typically, ranchers raise large animals in range conditions and the most common example is a cattle ranch (although you will find other animals on ranches as well).

What is a homestead?

Homesteads often combined many of the same agricultural land use elements as ranches and farms. Homestead refers to a house and its surrounding land, which is typically owned by a family.

What is a hobby farm?

Hobby farms. Hobby farms are also agricultural land. However, they are usually used primarily for pleasure or recreation rather than a means of making a living. Still, the individuals who own hobby farms or ranches do use the land for an agricultural purpose, even if they are not motivated by profit. 2.

What is land use regulation?

Land-use regulation is not restricted to controlling existing buildings and uses; in large part, it is designed to guide future development. Municipalities commonly follow a planning process that ultimately results in a comprehensive or master plan, and in some states the creation of an official map for a municipality.

Why are easements used?

Easements also are now used for public objectives, such as the preservation of open space and conservation. For example, an easement might preclude someone from building on a parcel of land, which leaves the property open and thereby preserves an open green space for the benefit of the public as a whole.

What are the requirements for zoning?

The basic purpose and function of zoning is to divide a municipality into residential, commercial, and industrial districts (or zones), that are for the most part separate from one another, with the use of property within each district being reasonably uniform. Within these three main types of districts there generally will be additional restrictions that can be quite detailed -- including the following: 1 Specific requirements as to the type of buildings allowed 2 Location of utility lines 3 Restrictions on accessory buildings, building setbacks from the streets and other boundaries 4 Size and height of buildings 5 Number of rooms

Why are zoning regulations controversial?

Since land-use and zoning regulations restrict the rights of owners to use their property as they otherwise could (and often want to), they are at times controversial. Additionally, the scope and limits of governments' ability to regulate land use is hard to define with specificity. Courts have held that a zoning regulation is permissible if it is reasonable and not arbitrary; if it bears a reasonable and substantial relation to the public health, safety, comfort, morals, and general welfare; and if the means employed are reasonably necessary for the accomplishment of its purpose.

How does a master plan work?

The master plan is then put into effect by ordinances controlling zoning, regulation of subdivision developments, street plans, plans for public facilities, and building regulations. Future developers must plan their subdivisions in accordance with the official map or plan.

When did zoning regulations start?

Since New York City adopted the first zoning ordinance in 1916, zoning regulations have been adopted by virtually every major urban area in the United States.

What to do if you need an easement?

Whether you need to get an easement in order to reliably access your property, are looking at property for a new business, or have other land use and zoning law questions, an attorney should be able to help. Contact a land use and zoning lawyer near you to get your questions answered and get help with your real estate endeavors.

Why are lawyers important?

Lawyers are in a unique position to help individuals, groups, and organizations with their legal problems and to further the public good. Public interest lawyers champion legal causes for the greater good of society and help those in need of legal assistance who might not otherwise be able to afford attorneys.

Where do lawyers work?

Work Environments and Perks. The majority of lawyers work in law firms, government, and for corporations. In an age where cubicles have become the mainstay of the modern workplace, lawyers typically work in offices with four walls.

What is prestige in law?

The Prestige. A career as a lawyer has been a hallmark of prestige for generations. Impressive degrees and a certain authority over others have placed lawyers in an elite circle of professionals who command respect and embody the definition of success.

What is the most rewarding job?

Working as a lawyer is one of the most intellectually rewarding jobs on the planet. From helping to patent a trade secret, or devising a trial strategy, to forming a multi-million dollar merger, lawyers are problem-solvers, analysts, and innovative thinkers whose intellect is crucial to career success.

What are the sub-specialties of law?

Lawyers can specialize in one or several niche areas, ranging from bread-and-butter practices such as employment law , foreclosure law, and civil litigation to specialties such as green law or intellectual property law.

How much do lawyers make?

Lawyers are among the highest-paid professionals in the legal industry, and most attorneys earn salaries well above the national average. The median annual salary for all lawyers was $120,910 in 2018, according to the U.S. Bureau of Labor Statistics, but the world’s top attorneys can pull in million-dollar annual incomes .

Why do lawyers do pro bono work?

Lawyers in private practice often perform pro bono work to help low-income individuals and underserved portions of the population , such as the elderly, victims of domestic abuse, and children. In fact, many bar associations require that attorneys commit to a certain number of pro bono hours each year.

What can a court order do?

If you go to court and you are successful, the court may be able to do all or any of the following: Declare that you are owner of the land or that you are entitled to occupy, use, or enjoy the land. Quash or annul a law, permit, or decree legitimising a land “grab”.

What are some examples of indigenous peoples?

Yet, they may be denied rights of ownership or tenure under customs and customary law. Indigenous peoples, for example, India’s Adivasi, the ethnic and tribal groups considered the aboriginal population of India. Mobile communities, travellers or nomads. Forest peoples.

What is a community group?

Sometimes, a group of individuals lacking official title to land can form community organisations or trusts to advance a claim for the benefit of all. Organisations such as NGOs or conservation groups. Local and national government.

What is an insurance company?

Insurers. Those who have taken or bought produce from the land. For example, if land is seized illegally to grow palm oil, which is then sold to a foreign company, you may be able to claim against that company in its home country.

Do women have rights to land?

Women usually have fewer legally-recognised rights to land than men. Land disputes often involve discrimination against women, infringement of their rights and other gender issues. In many developing countries, it is women who work on the land and gather food and water from it.

What is landlocked property?

1. Definition of landlocked property. Landlocked property is a piece of land that is inaccessible via public thoroughfare. This means that you, as the landowner, have no other option but to go through another person’s property in order to reach your own.

What is an easement agreement?

Definition of an easement. An easement (also known as an easement agreement) is a concept in real estate that defines a scenario where one party can use the property of another party for a specific purpose.

What is a prescriptive easement?

Prescriptive easements occur when the landlocked property owner obtains an easement through adverse possession by claiming that they have used the easement for a certain length of time. This use must be open, notorious, continuous, exclusive, and adverse.

Who is Erika from New York?

Erika is a former Affordable Housing Director for the City of New York turned full-time Land Investor. She used to help New Yorkers find affordable housing, now she helps people find affordable land around the US.

How long does it take to close a real estate transaction?

Closing. After you sign a contract in which you agree to a real estate transaction, you normally have to wait a few weeks for the lender to appraise the property and complete the loan underwriting process. On the day of the loan closing, you sign the actual sale documents.

Can you sue a real estate agent?

Legal issues can arise after you complete a real estate transaction and, in some states, you have the right to sue your real estate agent, the seller or even the home inspector if problems emerge with the home after the completion of the sale. If the real estate attorney facilitated the sale, then the attorney already has prior knowledge of the sale, which makes any litigation much easier to complete. While many real estate transactions move smoothly without the involvement of an attorney, people involved in sales that go awry often end up wishing that they hired an attorney.

Do real estate agents have lawyers?

However, real estate laws vary from state to state and most real estate agents are not practicing lawyers. While real estate agents have a broad knowledge of real estate transactions, an opinion based on prior real estate experience and state law are two entirely different things.

What is land trust?

A land trust is a revocable, living trust used specifically for holding title to real estate. Each property is titled in a separate trust, affording maximum privacy and protection.

Why is privacy important in real estate?

In today’s information age, anyone with an internet connection can look up your ownership of real estate. Privacy is extremely important to most people who don’t want others knowing what they own. For example, if you own several properties within a city that has strict code enforcement, you could end up being hauled into court for too many violations, even minor ones. Having your real estate titled in land trusts makes it difficult for city code enforcement to find who the owner is since the trust agreement is not public record for everyone to see.

How does a non-assumable loan become assumed?

A non-assumable loan can become effectively assumed by using a land trust. The seller transfers title into a land trust, with himself as beneficiary. This transfer does not trigger the due-on-sale clause of the mortgage. After the fact, he transfers his beneficial interest to you.

What happens if you sign a warranty deed in your own name?

If you sign a warranty deed in your own name, you are subject to potential title claims against you if there is a problem with title to the property. For example, a lien filed without your knowledge could result in liability against you, even if you purchased title insurance. A land trust in your place as seller will ...

Can a trust be a lien?

Real estate titled in a trust name is not subject to liens against the beneficiary of the trust. For example, if you are dealing with a seller in foreclosure, a judgment holder or the IRS can file a claim against the property in the name of the seller. If the property is titled into trust, the personal judgments or liens ...

Is real estate public record?

Real estate is very public, and ownership is public record for anyone to view online. The solution for this problem is land trusts. Land trusts are a very powerful tool for the savvy real estate investor. A land trust is a revocable, living trust used specifically for holding title to real estate. Each property is titled in a separate trust, ...

What are the benefits of a land trust?

Some of the benefits of using a land trust include: Privacy . Protection from liens. Protection from title claims. Discourage litigation. Any judgments or liens against the beneficiary of the land trust (you) cannot attach to the property. Unlike an LLC, the owners of the land trust (beneficiaries) are not publicly available.

What is land trust?

A land trust is a very simple and inexpensive instrument for purchasing and retaining title to a property. The privacy a land trust affords you is one of the key elements of the asset protection strategy we recommend.

How to keep your property from predators?

To keep your assets away from the prying eyes of predators, you need to set up a separate land trust for each of your rental properties . Doing this keeps your properties insulated from each other such that any liens or judgments against any of the properties don’t affect all your investments.

Who is Scott Royal Smith?

Scott Royal Smith is an asset protection attorney and long-time real estate investor. He's on a mission to help fellow investors free their time, protect their assets, and create lasting wealth.

How to contact Land Trust?

Contact us at (512) 871-0843 for a free consultation. We’ll help you make your investments bulletproof.

Can an LLC be a beneficiary of a trust?

You can make an LLC the beneficiary of the trust without putting your property at risk. If the LLC (beneficiary) is sued, then a judgment against it would not affect the title to each property since the LLC doesn’t hold title to the property.

Which amendments allow the death penalty?

The Constitution of the United States, more specifically through the application of the Fifth, Eighth and Fourteenth Amendments permit the use of the death penalty in appropriate cases. There were, most notably in the 1960s, several attempts made to declare the use of the death penalty unconstitutional based on the fact ...

When did the Supreme Court decide to impose the death penalty?

This statement was used as a basis for the abolitionist campaign. 10 years later in 1968 in US v Jackson the Supreme Court started to consider the practical application of the death penalty ruling that the death penalty could be imposed even when not recommended by a Jury.

Why was the death penalty suspended?

By 1972 Eighth Amendment challenges resulted in State Death Penalty Statutes being suspended for unconstitutionality as they could, as drafted, result in arbitrary sentencing. The states immediately started to fight back, redrafting their statutes to address the problems highlighted by the Supreme Court.

When was the death penalty reinstated?

The death penalty was effectively reinstated by 1977 when the first execution in years took place in Utah. The death penalty has therefore been challenged, found wanting, redrafted and found to be legal and constitutional. There is no reason, therefore, for the death penalty to be suspended.

Why Does Land Use Matter to You?

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Top Five Land Use Definitions You Should Know

Agricultural

Commercial

Recreational

Residential

Transport

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