Featured News 2013 Illegal Use of Land or Property Lawsuits

Illegal Use of Land or Property Lawsuits

When you rent or purchase a home, you have agreed to purchase a residential property which will be used for living. Sometimes, individuals fail to use their property for the uses which it was created for, and this can lead to a lawsuit. For example, it is illegal for an individual to purchase a home in a residential neighborhood and then turn the home into a store. Individuals also can't turn their home into a hotel or a bed and breakfast of any kind for profit without first receiving a permit to do so.

Individuals can also be sued if they overcrowd their home. According to General Code, overcrowding a home leads to many municipal complications such as excessive traffic, parking shortages, increased generation of sewer, and more. That is why individuals who have overcrowded an apartment or house can often be sued by the Homeowner's Association or can be prosecuted by the city for the illegal use of their land.

It is illegal for individuals to live in a commercial building which has been designated for business, rather than for living in. It can also be illegal to use a home for storage that is in the midst of a residential area. What is allowed and is not allowed in a particular home is normally determined by the zoning district. In a rural residential district, the state may mandate that individuals stick with a single family dwelling. Common permissions in a rural residential district include limited home businesses, home occupations, public schools, cattery, kennels, or riding stables, churches, shelter units, private and parochial schools, temporary subdivision sales offices, greenhouses or nurseries, and outdoor stadiums or theaters.

In a residential-2 district, the state may bar agricultural endeavors and catteries , kennels or riding stables. Some homes in manufactured housing districts have a maximum of six-dwelling units per acre. Essentially, you will be restricted with home business, activities, modifications to your home and more based on what district you reside in. It is essential that you are aware of the permissions of your district, as these will be valuable to you when you are making decisions regarding the use of your property.

There are other ways to use land illegally. For example, ATV riders can only use their recreational vehicles in certain areas. Homeowners can be sued if they continue to use their ATVs on property where they are not permitted. In a similar vein, pet owners cannot purchase a horse in any residential property. Individuals will need to assure that they have "horse privileges" before they purchase an equine and will then need to modify their living space so that the area permits the welfare of a large animal.

When a neighbor observes that you are breaking zoning laws for your specific location, you can be penalized. In some cases, if you have presented yourself as a neighbor's nuisance, you may even be sued. You will want to contact a local real estate attorney if you want clarification with zoning concerns, or if you have been threatened with a lawsuit and want clarification.

If you are on the other side, and would like representation with filing a lawsuit against someone who has broken the zoning code, then you will also want to use this directory to locate an individual nearest you who can assist you in your case. With the right attorney there to help you, you will be able to go into your case well informed and fully aware of the different issues surrounding the situation you are dealing with.

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