Consequences of Violating Zoning Laws The ramifications for zoning violations can be brutal, so it is very risky to ignore zoning rules. For example, illegal construction may come to the attention of local authorities through a tax assessment. If this happens, you may have to comply with the zoning rules, pay a fine, or worse—tear down any illegal construction. → Read More
Zoning Defined Zoning is a restriction on the way that land can be used. It allows governments to control the development of communities and ensure they are functional and safe places. Without zoning, a gun store could open up next to a school, an adult club next to a playground, and a busy store on your residential street. Zoning prevents these things from happening and by doing so, it protects property values and ensures communities work in an orderly fashion. → Read More
Zoning Under Non-Conforming Use and Special Use Permits Zoning laws are generally set by local governments and establish permissible uses for properties within certain areas. However, the zoning rules for a particular area change over time as an area evolves. When this occurs, properties may be permitted to continue to persist in a behavior or activity they were doing prior to the zoning change or properties may be permitted to maintain their existing structure even if it would not currently be permitted. This is referred to as a “non-conforming use” since the property is legally permitted to be used for something that would not be permitted under current zoning regulations or to exist in a manner that would not otherwise be permitted. → Read More
Changing the Zoning on Your Property If you find yourself faced with a situation in which your intended use of your property is not permitted by local zoning law, then you may be able to change your zoning ordinance as it pertains to your property. Most communities have formal procedures that are available to property owners who want to make a zoning change. Whether petitioning for a large scale zoning change or requesting a specific use be allowed on your property, you should work with a local attorney if you are trying to make a change on how your property is zoned. → Read More
Permitted Uses for My Property Zoning laws in different states are set to allow certain activities to take place within different areas of a community. For example, states may allow some areas for residential housing and other areas for commercial activities. Within these ‘zoning’ categories, there may be some ‘permitted uses’ that allow the use of the land for the intended purpose and leave room for standard exceptions to be made. For example, a single-family residential district (an R-1 zone) may allow as permitted uses, by exception, the development of a day care center, a park, or a school. → Read More
Differences Between a Residential and Commercial Lease Although state laws vary with respect to commercial and residential leases, each state consistently makes a distinction between the two which has a big impact for both the landlord and the tenant. Every state has laws protecting the rights of tenants in residential leases stemming from the landlord’s failure to provide required safe and habitable housing to the landlord’s failure to timely return a former tenant’s security deposit. In a commercial lease between a commercial tenant and commercial landlord, the thinking in most states is pretty much the same: commercial tenants are presumed to have the training, experience, knowledge and sophistication to enter into a written commercial lease and have access to skilled third party professionals to assist them in deciding whether to enter into a commercial lease or not. → Read More
If the seller of a home cannot close on the agreed-upon date, is this breach of contract and what recourse does the buyer have? Failing to close on the agreed-upon date would be a breach of contract (assuming that the closing date was one of the contractual terms). However, not all contractual breaches are created equal.There is no single answer as to what happens if the seller can’t close on time. → Read More
Contract Options Available When One Spouse Dies Before Completing a Home Sale If both members of the couple signed the real estate contract, then the contract would still be enforceable against the survivor, even after his or her spouse passed away. The house would (in almost all cases) pass to the survivor without having to go through probate since real estate is normally owned by married couples as a joint tenancy with right of survivorship—so when one passes, the other instantly, by law, gets the home. If, however, only one of the couple had actually signed the contract, then it’s not clear that it could be enforced against the survivor—contracts are only enforceable against those who are parties or signatories to them. → Read More
In a Real Estate Sale, Can a Home Buyer’s Agent Bypass the Listing Agent and Go Directly to the Seller? From a contractual point of view, a buyer’s agent could bypass the seller’s agent and approach the seller directly, such as to present an offer that the seller’s agent has refused to pass on. And since there are no laws requiring a third party, like a prospective buyer, to go through the seller’s agent rather than directly to the seller, this is a viable and perfectly legal tactic. → Read More
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