How Can I Legally Require My Neighbor to Move a Fence, Structure, Or Landscaping That Crosses onto My Land?
Video Summary
How can I legally require my neighbor to move a fence, structure or landscaping that crosses onto my land? You can file an action for Ejectment to require asking the court to order them to remove these encroachments on your property. It’s a mandatory injunction, and so they would be given a specified period of time to do that. Usually that’s expensive and sometimes I suggest that you try doing that by self-help. So, letting the neighbor know that if they don’t move the encroachment that you will do so since it’s on your property and lay the fence on their side of the property line. So, if you have any questions concerning this, give me a call at (727) 847-2288.
- Published in Estate Planning, Real Estate, Videos
If I Plan to Renovate or Build on the Property, What Permits or Legal Approvals Do I Need?
Video Summary
If I plan to renovate or build on the property, what permits, or legal approvals do I need? You need to start with a building permit as far as your contractor and be sure that you need to have a licensed contractor to do the work and file a commencement notice to comply with construction lien law. And so, some municipalities may require you to file a site plan, even though it’s the existing building. Just make sure that it complies with all the zoning requirements and your intended use of the property. So, the big thing is, is to get a building permit and have work done by a license built in contractor. You have any questions, give me a call at (727) 847-2288.
- Published in LLC's and Corporations, Real Estate, Videos
What Steps Should I Take Before Filing a Complaint or Lawsuit Against a Neighbor?
Video Summary
What steps should I take before filing a complaint or lawsuit against the neighbor? Well, I would suggest that you first try and work it out with the neighbor, and certainly I would put it in writing as far as whatever your problem is with the neighbor. So, you have a paper trail and you don’t rely upon, he said, she said it’s right there in black and white so that you can print it out, keep a copy of it, I guess with texts and emails or whatever. You need to be able to print those out, so you have a paper trail. So, a lot depends on what you’re suing your neighbor for as far as filing a lawsuit against them. And whether you need to go to small claims court, if it’s strictly for damages that they did to your property or if it’s for injunctive relief, then you’re going to need to have a lawyer. If you’re pursuant for damages, they indicated you can go to small claims court up to $8,000 and not need a lawyer. So those are some of the ideas involved or circumstances as far as suing your neighbor, the best thing is to try and get it worked out with the neighbor and keep track of your correspondence back and forth. If you have any questions, give me a call at (727) 847-2288.
- Published in Real Estate, Uncategorized, Videos
Could Land Use or Zoning Rules Limit My Business on the Property?
Video Summary
Are there any zoning restrictions or land use rules that could affect my intended business on the property? Yes, zoning can restrict what business you can operate on your property. By way of example, the property needs to be properly zoned, such as C one, which is office commercial C two, which is heavy, automobile repair shops such as that one is light and industrial I two. These are examples of the type of zone you need to have. So depending on what your business is, it is whether or not you have the proper zoning. Also, as far as your land use is concerned, that will play into it and that you may need to have that comply. Not only the zoning, but also the land use as to what you’re going to be using the property for. If you’re going to be using it not for business, you need to check on density. Also, many municipalities may require a site plan, particularly if it’s vacant property as to landscaping and all sorts of other requirements on a site plan. So yes, zoning and government has a lot to do with what you can use your property for and whether you can use it for your intended business and what all you have to do to the property in order to operate your business. So, if you have any questions about it, give me a call at (727) 847-2288.
- Published in LLC's and Corporations, Real Estate, Videos
Can I Force My Sibling to Sell Property, Which I Own with Them Jointly?
Video Summary
Can I force my siblings to sell property, which I own with them jointly? The answer is yes, you can. If you have any interest in real property of the possessory interest entries, a fractional share of real property, you can file what they call a partition action. Partition action is where you sue the other co-owners of the property, ask the court to appoint what they call a special magistrate, which is a third party who will list and sell the property and none of the beneficiaries have to sign the deed. Then all the money is held with the clerk of the court or with the closing agent from the sale of the property. And then the expense of bring the partition acts, including attorney fees, is then distributed pursuant to a court order, to all the owners and their fractional share. So if you owned a half interest, you would be entitled to one half of the net proceeds. If any owner of the property would have paid taxes or insurance, they’re, they may be entitled to a special equity for these taxes and insurance that they’ve paid, which would come out of the net proceeds. If you have any questions about a partition action, give me a call at (727) 847-2288.
- Published in Estate Planning, Real Estate, Real Estate – Selling, Videos