Property Rights Law Firm, P.A.

land use & zoning Archives

What is the re-zoning process?

Whether it is an already built structure or one under development, the location in which the property is will determine certain factors about it. Zoning regulations are used by municipalities in Florida and elsewhere to restrict, control and direct the development of property located within its borders. The main purpose behind setting up these restrictions was to divide the residential, commercial and industrial districts within a municipality. However, property owners and developers often seek to deviate from these restrictions.

Understanding zoning regulations

When people in Florida purchase, sell or update their property, it is important to understand certain restrictions that may exist. In other words, regulations regarding land use and zoning define what can be built on certain land and what that property can be used for. These regulations allow property owners to get the most out of their property; however, they can also cause restrictions. Because of this, some property owners may seek to re-zone their property so they can use the land for reasons other than what it was initially zoned for.

Two laws pass in Florida, impacting HOA members

Most Florida residents are aware that laws change. However, what they may not fully understand is how these changes, no matter how minor, can impact them in a major way. This is especially true when it comes to property owners. Whether one owns private or personal property, if land use or zoning laws are altered, this can greatly impact what can be built or dictate how existing structures can be used or renovated.

Guiding you through zoning issues in an eminent domain action

Property owners in Florida seek to maintain or increase the value of their property. There are many steps one can take to make his or her individual property hold more value. However, there are certain land use and zoning laws that could also impact the valuation of property. By seeking a zoning change, certain properties could gain value, allowing them to be at their best and their highest use. However, the opposite could occur if the government instills a downzoning.

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.


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