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Ryan Vancil Esq

Ryan Vancil’s Answers

379 total


  • My neighbor is turning into a nuisance do I have any options?

    My 70 some year old neighbor has always been a negative neighbor. In the past year he stopped being so rude until this morning when I hopped in my vehicle to find a hand written note telling me I need to stop putting his snow bank in his drive way...

    Ryan’s Answer

    Simply communicating with you with a note is not likely something you can sue him for. However, if you feel your are being harassed by a pattern of activity from your neighbor you should consult with a local attorney about getting an restraining order.

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  • What other Options Do I have To complain against neighbors in Philadelphia, the city allows harassment

    I have been complaining to the Condo Association, lawyers, that think it is funny, the news, State Senate, Dept of Mental Health, Human Relations, Community Relations, The DA to no avail. The above neighbors one stays home and spy all day, followi...

    Ryan’s Answer

    You may have to consider moving if none of the legal remedies/agencies you have listed will assist you. However, I suggest you try contacting an attorney that will be more willing to listen to your situation and give you good advice.

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  • Who has the obligation to maintain the right of way of the frontage road that abuts I-19?

    My property abuts the state's right of way for the frontage road along I-19. The state owns the land the road and right of way are on pursuant to a 1976 deed from a prior owner. The deed makes no mention of the obligation to maintain. The road ...

    Ryan’s Answer

    You are welcome to look into this with an attorney as suggested above. However, without an affirmative obligation to maintain an easement area no single party is generally obligated to maintain.

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  • I own a building in Boston and people constantly park in my lot and run their errands using up all my spots what can I do?

    I have signs posted up all over my property not to park or they will be towed at their expense. The problem is sometimes they are customers but are not using my establishment at this moment. Can I do anything with the city? It is a nuisance and th...

    Ryan’s Answer

    Yes, as my colleague above indicated you will have to privately control this by having a tow company remove violators. It will be up to you to call the tow company, so you may not want to do so if you are impounding customers' cars, but that will be up to your discretion.

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  • Does the public have the right to use the land between the water line of the Columbia River and it's high water mark in WA?

    A trespassing ticket was issued to a family picnicking on a Columbia River island. They were between the water line and the high water mark . I believe under the navigable waterway rules this is public land and can be used for recreational purp...

    Ryan’s Answer

    Not necessarily. In Washington private individuals and agencies can own tidelands, and therefore individuals on those lands are trespassing unless there with permission. It is certainly true that when the tide is in you can navigate over these properties - but the land can be privately owned. This is different from some states where areas flooded by the tides are public lands.

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  • How can I get zoning changed ?

    I want to buy 1.26 acre's that are private. It has a cottage with electric water and a holding tank. This property is in between two state game lands and is zoned seasonal. Being that this is private land , How can I get the zoning changed ?

    Ryan’s Answer

    Check with your local planning department, and they can assist you with the proper forms and process.

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  • Can a parcel that's surrounded by another parcel be enlarged without special permission from the county or township?

    I have a 1 acre parcel enclosed within a 39 acre parcel. Both parcels have the same zoning and use codes. I would like to increase the 1 acre parcel to 5 acres. Do I need a variance or special permissions to do this?

    Ryan’s Answer

    You will almost certainly need permission, but if you own both parcels, depending your jurisdiction it may be a simple application process called a boundary line adjustment. Check with you local planning department.

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  • How can I remove a grandfathered easement?

    I own a property in South Georgia that has had an easement for 30 plus years. The adjacent property has been family owned during this time. The property was recently sold to a non family member and I am being told I have to give rights to the new ...

    Ryan’s Answer

    Unilateral removal of an easement without some extra legal cause is not something you can do. However, a couple of options you might consider are 1) buying them out, or 2) review the terms of the easement to determine if it is transferable or if the use is in violation of its terms (if either is the case then you may legally challenge the easement).

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  • Can a township force a person to build a driveway they cannot afford to build?

    I live in a town that has passed an ordinance requiring that all vehicles not be parked on the street between 11-1 and 4-15 for the main reason of snow removal. The problem with this is that my property (since I bought it in 2003) has no driveway....

    Ryan’s Answer

    The town cannot likely force you to build a driveway, but at the same time they can enforce use of the street. You do not have any a private right to park in the street even if you have done so for a period or years. Thus, whatever parking requirements they post you must comply with. If by default that means that you cannot park on the street, and you have to have a driveway to park on your property and that is your only parking option then you need a driveway as a practical result - but it is not the town saying you need a driveway. They are simply saying you cannot park on the street. If the town posting simply says you cannot park there during certain hours, then you need to move your car during those hours. If the posting is no parking then it is no parking anytime. I think the only leverage you might get with the town would be to post the no parking for the times when they are plowing so you would have to move it during those times.

    As Ms. Lemieux suggests above you should confirm what it means that the shared driveway was extinguished. Just because the neighbor put up a fence does not mean they had a right to. You would likely have to track down the original provision for the shared access. This may be done by checking your title, or get the assistance of a title company or attorney.

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  • Is renting storage space in a large pole barn in a residential neighborhood considered commercial use?

    A neighbor built a large pole barn in a residential neighborhood and the town said it could only be used as personal storage only and in no way could it be used for commercial use, now he is renting space in the pole barn for boats - jet skies - c...

    Ryan’s Answer

    If the neighbor is receiving income from the use it may well be considered "commercial." To confirm you will need to determine through your local planning department the definition of commercial as it is applied to the zoning in your area. I suggest going to the planning department and asking for the definition. If you believe it is commercial and in violation of the code provisions you can report this activity to the jurisdiction's code enforcement/compliance officer and they will investigate to make a determination if the activity is indeed a violation. If it is a violation, then the officer will work to bring the neighbor into compliance.

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