I am having my house appraised for selling purposes. Last year i applied for a permit to build a deck along the front of my home. The township denied the application unless i reduced the size of my deck by 20 feet. The reason they gave me was t...
It's hard to know what your options are without a survey or map showing the location of your property, your neighbors, the easement, etc., but yes, as a general matter, having easement on your property does reduce the value of the parcel because there's a piece of it that isn't totally "yours": it can't be occupied exclusively and the neighbor has the rights of passage across it. One fix is to move the location of the easement to accomodate how the neighbor is accessing it, or a boundary line amendment or other fixes. You should take a survey map or plan and your deed to an attorney to discuss.
Topic changed from land use and zoning which is the municipal regulation of land use to real estate which your question better characterized as.See question
I purchased this home about 2 years ago, and the entire property had a fence around it. Doesn't this mean that I own said property?
Not necessarily. The first factual issue is where is the actual boundary line? The only way of determining that is with a land survey and map which establishes the actual boundary lines and corner(s) of said parcel. Usually when the surveyor does that, he will find or install "monuments" at each corner point, which are usually pieces of pipe pounded into the ground at the exact corner with a temporary flagged wooden stake at the ground surface so you can see where the corner or survey waypoint (for a non-rectangular lot) is.
If the fence is an encroachment (that is, on the neighbor's property as he claims), then there is a second inquiry as to whether the fence entitles you to "adverse possession" of the disputed 10' strip enclosed by the fence, as a matter of state law. This generally depends on the length of time the fence has been there, what you have done to occupy or maintain the strip, and the circumstances under which the fence was installed and how the neighbor reacted or didn't react at the time. This "adverse possession" doctrine is legally and factually complicated and you would need to seek the advice and assistance of a Washington State admitted attorney to discuss the strength of your claim vs. your neighbors and what judicial remedies might be available to resolve any dispute.See question
Can I nude sunbathe in my backyard. I have brick walls that surround my backyard. The wall was installed by the builder of the home. It's almost 7 feet at the highest points and 5 feet 10 inches at lowest point.
Yes, so long as you cannot be seen by any property generally accessible to the public (then it might be the crime of indecent exposure, public nudity or whatever they call that offense in NV)., If you can be seen from neighboring properties, or can be seen from them or above by "artificial means" such as a drone, telescope, binoculars, that might not be a crime, but you also might not have a reasonable expectation of privacy or be able to claim an invasion of privacy.
Topic changed from land use and zoning (about municipal regulations of land use) to real estate.See question
Bows from my neighbors large 50yrear old tree hang over my property and driveway requiring daily picking up of leaves and debris all year long.
You have the right to cut the boughs or branches of the tree that intrude on your property, but if this harms the tree or kills it, there can also be liability. I would raise this with the neighbors and ask them to have their tree service do it, or for you to get quotes for you to have it done professionally. Whatever the legalities, having angry neighbors is not a good idea. Bottom line: approach the neighbors first and talk to them before doing anything.
Topic changed from land use and zoning (dealing with municipal land use regulation) to real property.See question
We divorced on August, 2015 . We have two children, though we divorced, we have joint custody, and we are still living together for our children. Now I got married in abroad , I wanted to move away from my ex-wife. But I don't know how to begin . ...
You can certainly move away and live separate and apart. That's the point of most divorce decrees. You are still bound by any obligations in the divorce decree concerning child custody, support and other obligations (division of marital assets, maintenance, etc.). However, if you have "joint custody", I do not expect that you can simply move away without addressing whether you will continue to have shared physical custody or visitation or even legal custody. In New York State, you cannot expect to move far from the other parent and retain any parental rights without either a signed and notarized consent from the other parent or court order. See the case of Tropea v. Tropea. This case presumes its not in the best interests of the children to go with the parent who wants to move based on an argument it will improve their lives (better job, home, family ties, etc.). The courts will not allow a moving parent to take the children and essentially deprive the other parent of significant contact
I would discuss this with a family law attorney before making any move, or firm plans to move..See question
I want to sue Walmart and need a lawyer
Use the "find a lawyer" tab in Avvo (or a similar legal directory such as Justia.com or Lawyers.com) with the kind of law involved (consumer, slip and fall, employment?). This part of the site is for asking relatively simple questions about the law.
Topic changed from ethics (which deals with attorney discipline and licensing) to litigation.See question
How do I calculate the return date to serve opposition papers? If the hearing date of the motion is April 4, 2017 but demands I submit opposition 7 days prior to hearing date, is my deadline March 28, or 20? Also can a motion or opposition be ser...
See CPLR Rule 2214(b) for the general rule, which states "A notice of motion and supporting affidavits shall be served at least eight days before the time at which the motion is noticed to be heard. ANSWERING AFFIDAVITS SHALL BE SERVED AT LEAST TWO DAYS BEFORE SUCH TIME. Answering affidavits and any notice of cross-motion, with supporting papers, if any, SHALL BE SERVED AT LEAST SEVEN DAYS BEFORE SUCH TIME IF A NOTICE OF MOTION SERVED AT LEAST SIXTEEN DAYS BEFORE SUCH TIME SO DEMANDS; whereupon any reply or responding affidavits shall be served at least one day before such time."
Note also CPLR Rule 2103 which discusses service of motion papers (and all other non-jurisdictional papers after an action has commenced with personal service of a summons), which basically says to be safe you have to serve papers at the attorney's office on the due date OR add time if served by mail, overnight courier or other means. As Mr. Horner correctly stated, many attorneys allow service of papers by fax or email which counts as "same day", but be aware this is optional and many attorneys do not. If you timely received the motion papers by mail or personal service, I would not assume "same day" response by electronic methods is OK unless the attorney's office confirms it is.See question
My son's father is a level three sex offender is he aloud to be around his child he was convicted 3 to 6 year in prison he was released but my son is in foster care was they supposed to release my son to him with his record
It depends on the current custody order and whether the Court was aware of his sex offender registry status and reason for him to be on the registry. A court has to consider all orders of protection against a parent and sex offense registry listings when it makes the order. If the conviction and registry listing happened since the last order, you may want to petition to amend the order and for a court to review these circumstances. Be aware that a violent crime or a sex offense alone may not bar a parent from visitation or require supervised or therapeutic visitation if the crime did not involve the subject children or children in general (that is, not all sex offenses indicate a risk of abuse or neglect to the offenders children).See question
Someone was trying to serve me papers here in California and had a bad round his neck and and saying yelling is from Fresno County. Also he went on the neighbor side of property because I have a gate around my property and signs that say no trespa...
It's possible that the process server was someone from the Sheriffs Office, a deputy that serves civil process for a standard fee. See their website at http://www.fresnosheriff.org/civil.html
I don't think you are going to get much traction arguing that you have a gate and no trespassing signs on your property as a defense to service of process, as exercise of governmental functions like process service, delivering mail, census enumeration, etc. are not generally subject to claims of illegal trespass.
Topic changed from land use and zoning to litigation.See question
Hello, I paid my attorney a separate fee for a set a depositions that was suppose to be complete upon me going to court. They were never done, and I had already paid all of my attorneys his owed fees.. Am I owed my additional 500$ that I paid for ...
Depends on what your retainer agreement says. If you have a billing issue, you should first get in touch with the attorney, ask him to review the bill and meet with you to discuss it or explain it. If a billing adjustment is required, most attorneys will entertain that request.See question