Property Rights Law Firm, P.A.

land use & zoning Archives

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.

Zoning issues may affect 3-year-old's dream playhouse

A family's playhouse has grown to create a full-blown land use and zoning nightmare in one Florida neighborhood. Built on a vacant lot they own that adjoins the lot of their home after what what was apparently an incorrect statement regarding zoning laws, the $5,000 wooden playground may have to be razed because free-standing structures built on vacant laws require a permit. The family does not have a permit for the structure, but the father stated that he spent three months building it after a county engineer told him there was no such requirement.

Parties at loggerheads in Florida zoning dispute

Recent media reports suggest that a Florida businessman is embroiled in a zoning dispute over a proposed used car lot that has dragged on for more than two years. The entrepreneur, who has 25 years of retail car business experience, says that the lot he wants to open would be a welcome resource for those who live and work in an around Parker, but municipal authorities are holding firm to their position that the zoning rules clearly forbid the kind of business he wants to open at the site.


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