How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Tina Your Own Question
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
Type Your Real Estate Law Question Here...
Tina is online now
A new question is answered every 9 seconds

First I live in Florida in a residential neighborhood with

Customer Question

First I live in Florida in a residential neighborhood with private drive for access. Part of the roadway goes through my front lawn (the encroachment) approx 10'. Road is single lane road about 10' wide. I have consented given permission orally for my neighbors to use "encroachment" for residential access for 26 years now. One Neighbor is rezoning to commercial and intends to use road thru my property for a use I object to. Will the rezoning action extinguish my property right to exclude others
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 9 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 9 months ago.

My understanding is that you are providing an easement for a certain use (residential). Now, someone wants to use it for commercial purposes. Is there a reason why you must allow this? Has the attorney or the municipality said you must allow it?

Customer: replied 9 months ago.
HinDamien, I am not granting an easement I am giving permissive use, drafting a permissive use agreement with another attorney right now that allows the existing residents about 7 residential homes to use the encroachment road area that exists on my property however I specifically do not want any commercial business use. There is no necessity for this property for access thru my property as there exists another unimproved right of way to the property under rezoning. Our county board may be approving rezoning of the neighboring property to commercial which would allow access thru my property for commercial use. I believe this could potentially be a regulatory taking which would extinguish my property right to exclude others, and wanted a second opinion. My attorney is not being clear at the moment, he says we have standing but I don't speak attorney yet.
Expert:  Damien Bosco replied 9 months ago.

Hello Mike: Thank you for the additional information. Note that I cannot give legal opinions here because Just Answer is not a law firm and there is no attorney-client relationship. We can discuss the issues though. Do you have specific question(s)?

Related Real Estate Law Questions