Denver NC Land Use and Zoning Lawyer

Denver NC Land Use and Zoning Attorney

If you own real estate, you may run into land use issues that require the help of a Denver NC land use and zoning lawyer. City zoning laws are strict, and any mistakes could prove costly. One area that an attorney can help with involves ensuring that your permit applications are handled properly.

If any land use disputes arise, one of our lawyers at The Jonas Law Firm, P.L.L.C., can fight for your interests and rights. Our law firm has helped many clients navigate complicated land use regulations. With extensive experience and illustrious reputations, our qualified attorneys are prepared to provide you with legal guidance.

Adverse Possession

North Carolina’s adverse possession laws are designed to allow abandoned property to be transferred to a new owner and to clean up property disputes. The new owners prove possession by occupying land for a period of time, often 20 years. There is no title document exchange involved, and there is no deed conveyance.

The title is awarded if certain actions related to land are taken. One, the person seeking ownership of the new law must take actual possession of the new land. This means new structures or signs are placed on the abandoned land.

Two, the claimant must have exclusive possession of the land, meaning multiple parties are not seeking the land. Three, the possession must be continuous and uninterrupted. If these criteria are met and the claimant has the clear intention of taking ownership of the land, the title can pass after a set period of time.

Zoning and Land Use Permits

Zoning violations can slow or halt a project. If the error is correctable, your lawyer will work with the city to put the project in compliance with city zoning laws. Your attorney can help prevent conflicts with city laws and ordinances by researching the relevant city rules before your project begins.

For first-time project managers, securing zoning approvals and constructive permits can be a daunting task. Our lawyers have years of experience advising owners and developers on permit and zoning issues. Our attorneys understand city zoning laws and what types of projects are appropriate for various parts of the city.

We can work on behalf of our clients to acquire variances, permits, and other important requirements that may require appearing before zoning boards and other quasi-judicial bodies.

Throughout the process, our legal team can work collaboratively with stakeholders and partners to ensure that the process moves forward smoothly.

Land Use Disputes

Sometimes, a violation of a city ordinance isn’t realized until the project has started or is completed. In those situations, you will need the services of a land dispute attorney who will work with the city to find the solution that is least harmful to your project. The city may seek injunctive relief that halts construction of the violating portion of the project or the entire project.

In other situations, the violation can be settled with a fine. If the city takes court action, the consequences could be serious. Failure to comply with a court order related to the land dispute could result in contempt charges against the developer.

FAQs

Q: Does North Carolina Require an Attorney for Real Estate Closing?

A: North Carolina law does not require an attorney to be present for a real estate closing. Having an attorney present can ensure that the closing conforms to state laws and that your rights and interests are protected. Your attorney can review the closing documents to ensure that there is no hidden language or terms that are adverse to your personal goals.

Q: Which Is an Example of a Land Use Law?

A: An example of a land use law would be a state law forbidding the construction of a liquor store next to a church. Cities like maintain their own laws that determine what can be built where. Zoning laws shape where industrial plants can and cannot be built and where tall residential buildings can be built. This is an important part of the city planning process. Your land use attorney in Denver, North Carolina can check with the city before construction begins to ensure that your project is not in violation of zoning laws.

Q: Are There Zoning Laws in North Carolina?

A: Every city in North Carolina maintains zoning laws that dictate what can and cannot be built in specific areas of the municipality. Zoning changes often require votes by city council, and zoning commissions oversee the zoning process and requests for variances by residents. Before buying a property or beginning construction, you can avoid zoning mistakes by allowing your attorney to contact the city to ensure the project meets the city’s zoning laws.

Q: How Do I Claim Land in North Carolina?

A: One way to claim land in North Carolina is through adverse possession. The laws are intended to clean up longstanding property disputes and to allow abandoned land to be claimed by a new property owner. The person claiming someone else’s land must actively maintain possession of the land for seven years (for a faulty deed) or 20 years (when the trespasser has no deed).

Q: Can My Attorney Work as My Realtor in North Carolina?

A: Your attorney usually cannot work as your realtor in North Carolina. North Carolina real estate laws have an exemption for services performed by a North Carolina licensed attorney, but those services must be related to the practice of law. Therefore, while an attorney is not a real estate agent, certain real estate-related acts can be performed by an attorney who is serving a client.

Schedule Your Land Use and Zoning Consultation with Our Legal Team

Given the high cost of dealing in real estate, there’s no room for error when it comes to fighting adverse possession actions or ensuring that a new business is in compliance with city zoning laws. If you require legal counsel or representation, work with a law firm that has many years of experience helping clients achieve successful outcomes in land use disputes. To schedule your consultation with our NC land use and zoning lawyers, contact our office today.