Property Rights Law Firm, P.A.

land use & zoning Archives

Couple wins lengthy battle over use of land

Owning one's own property often means that a Florida resident may exercise a great deal of authority over how that property is maintained and for what purposes it is used. As readers of this blog know, however, municipalities may limit the permissible uses of various parcels based on how they are zoned and any applicable ordinances that may be in place. One Florida couple endured a multi-year battle over an ordinance that blocked their desires to maintain a garden on their property.

A variance may help a landowner effectively use their property

It is an erroneous assumption that once Florida residents acquire a parcel of land they may do whatever they want with it. While most individuals only want to build their own homes or construct commercial spaces, others may have greater plans that do not conform to the zoning restrictions that are placed on their parcels. Past posts on this land use and eminent domain blog have discussed zoning in detail, as well as options land owners may have to work within their zoning restrictions to achieve their property goals.

Not all easements transfer with property sales

Easements are important land use and property tools that allow individuals to use the land of others in permissible ways. For example, a Florida resident may have easement rights to cross their neighbor's land to get to a shared road other property-based benefit. However, questions may come up when the neighbor whose property is affected by the easement sells their land to someone else.

The civil side of trespassing

Many readers of this blog know that trespassing is a crime. Trespassing generally occurs when someone intentionally enters the property of another person without that person's permission. When a trespass is criminal, it may be prosecuted by the municipality where the crime was committed. When it is a civil matter, it may be pursued by the aggrieved land owner.

What is an implied easement?

Not long ago this blog discussed the topic of express easements. Express easements are just one type of easement that property owners may have to recognize on their land and this post will address how implied easements may be formed and recognized under the law. While this post does provide information to its readers, it should not be read as legal advice or counsel.

What is a variance?

Zoning is a topic that can frustrate those who work in the real estate field. While it is intended to provide land owners with the consistent use of similarly situated properties, zoning can thwart development and render parcels unusable by owners whose plans do not conform to the regulations that attach to them. Florida residents who are not willing to give up on using their land for purposes that fall outside their zoning plans may wish to learn more about variances.

What is an express easement?

Easements can be confusing for Florida residents to understand. On the one hand, an easement does not give an easement holder a property interest in the land that they are allowed to use. On the other hand, however, it does not allow the actual land owner from barring the easement holder from entering onto the landowner's property for limited and specific purpose.

Technology may determine the future of zoning

Zoning, or the division of land into zones designated for certain types of use, can be a very complex and contentious process. Many parties have conflicting interests that they seek to protect through zoning. When city officials gather to determine zoning, the going can be slow. Technology can expedite the process and help ensure fairness. A startup out of Florida is influencing how cities plan zoning in our digital era.

Can I challenge zoning changes that will hurt my property?

This Florida land use and eminent domain legal blog has dedicated numerous informative articles to the discussion of zoning and how it impacts the way property owners may use their land. When a person buys a parcel of land they may be limited on what types of structures they can put on it and the purposes for which they may use their land. However, a person can run into zoning problems after they have purchased their land as well, particularly when municipal governments seek to change the zoning regulations that apply to the land owner's parcel.

A discussion of the purpose of zoning laws

Individuals are asked to consider this scenario: during the early hours of a Florida morning, a reader of this real property legal blog is in bed and enjoying their last few moments of peace before getting up and facing the day. Suddenly, the reader is confronted with loud noises and bright headlights as massive trucks move into work at the industrial site right next door. This occurrence is noisy, disruptive, and unfortunately common as the reader's home was built adjacent to an active industrial complex.


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