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
What Should I Do if My Fence is on My Neighbors Property?
Video Summary
What should I do if my fence is on my neighbor’s property? Well, if your neighbor doesn’t object to it, I suggest you just leave it there. Number 2 is if your neighbor objects to it, well, then you may want to get a survey and to move your fence as far as that’s concerned. Another option that I’ve seen is if the neighbor and you and the neighbor get along fine, but they’re concerned that when they get ready to sell the property, it might be a problem entering into an agreement that everyone’s in agreement that you can leave your fence there for the time being, and then you agree to move your fence whenever they ask you to. If it’s not a problem, then they basically put it off until such time there is a problem. Many people are concerned that if you have a fence that somehow they lose that property that’s inside the fence line and you can basically, they do not, and that you’re not establishing any ownership of that property, which is also a concern, which I guess you, how you convince your neighbor that you’re not going to claim their property. The other, if you can, if the neighbor would grant you an easement, that would be another solution that says that you are allowed to maintain your fence on their property. But otherwise, if the neighbor is insistent that the fence be moved, I suggest that you move the fence. My phone number (727) 847-2288.
- Published in Estate Planning, Real Estate, Videos
Does the Spouse Who Quitclaimed the House, Originally Purchased Before Marriage, Retain Any Rights to it, considering it Wasn’t Treated?
Video Summary
Does the spouse who Quit claimed the house to the other spouse and him or herself, which was originally purchased by them, retain any rights to it? I’m assuming that this question has to do if they are involved in the divorce proceedings. Whenever, a husband and wife own a piece of property, they get divorced, well then you start with each party receiving a one half interest in the property as tenants in common. However, in a divorce proceeding, the judge is going to make the determination as to who receives the property and whether or not who gets to live there, whether or not it has to be sold, and whether or not they take into consideration that the property was purchased by one spouse prior to the marriage and later transferred into their joint names. If this is not transferred to husband and wife as far as putting it in husband and wife’s name, and it is to two individuals, the presumption is is that the transfer was a gift of the equity, and each party owns a one half interest. So, if there’s what they call a partition action, which requires the property to be sold, the party who purchased the property does not have a special equity for the contribution or what they paid for the house. If you have any questions concerning this, give me a call at (727) 847-2288. I don’t do divorce law, so the question, if you’re going through a divorce, you need to talk to your divorce lawyer. Thank you.
- Published in Probate, Real Estate, Real Estate – Selling, Videos