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Showing 37 posts in Real Estate Law.
Not So Fast On Your “No Pets” Policy
Many landlords enforce a “no pets” policy in their rental units – and for good reason. Pets can be destructive, frighten other tenants, and increase landlords’ liability exposure. Such a policy, however, can be discriminatory to those with disabilities. While most landlords understand their obligation to make an exception for service animals, not all know what to do when a tenant requests to keep an emotional support animal (“ESA”) in their unit. More >
What Does the Board of Adjustment Do?
In communities that have adopted zoning regulations, boards of adjustment serve as a relief valve that can allow for the use of property that is not otherwise permitted under the property’s specific zoning category . Boards of adjustment have the power to grant dimensional variances, which are deviations from the dimensional requirements of a zoning ordinance pertaining to height, width, location of structures, or setbacks. For example, if a property owner wants to build or extend a structure within the required side, front or rear yard, she can appeal to the board to request permission to build closer to the property line. Applicants for a variance must show a need for the variance and that they are not unnecessarily trying to circumvent the zoning regulations. An unusually shaped lot or other unique physical characteristics of the particular property that make it hard to comply with the setback or height requirements are typically justifications for a variance. In one Kentucky case, the appellate court found that it was appropriate to grant a variance to allow building a house closer to the street because there was a sinkhole in the rear yard that prevented building the house farther back. When a board grants a variance it must make certain statutorily required findings of fact. Variances run with the land, so subsequent owners acquire the benefit without further approvals. More >
Beyond the Commercials: Understanding Reverse Mortgages
You have likely seen the commercials for reverse mortgages. While the advertisements urge viewers to “call now to secure you reverse mortgage today” and make them seem risk-free, obtaining a mortgage of this type is a serious decision that should not be made without fully understanding its pros and cons. More >
A Doggone Problem for Landlords
Whether to allow residential tenants to keep pets on property is a tough choice for landlords. On one hand, it can mean additional rental fees; on the other, it can result in damage to the units and, in Kentucky, increased exposure to legal liability. More >
Check the Zoning Regulations Before Operating a Business Out of Your Home!
Modern technology and our ever-changing economy are causing more people to consider starting up or basing their existing businesses from home. Many communities have embraced this concept and have enacted zoning regulations that make it easier to do just that. Some jurisdictions, however, still have regulations on their books that make operating a business from home a real challenge. Regardless of where your community falls on this spectrum, it is important to know what the rules are before you start operating a business from your residence. If you live in a community without any zoning regulations you can do just about anything you want to on your property but it is advisable to check to make sure there are no recorded restrictive covenants that limit or prohibit non-residential or commercial activities in the subdivision. Assuming that there are zoning laws that apply to the property, or if you are uncertain whether your area is subject to zoning, the first step is to call the local government. There are many different names for the division of government that may regulate such matters, such as building inspection, codes and permits, or the zoning office, but if you call the general city or county number and explain what you need to know, they will direct you to the right place. More >
Buying a Home? Do This First!
Potential home buyers can spend years saving for a down payment, months creating a budget, and weeks looking at properties before making the plunge. Too often, though, they overlook a crucial step on the path to purchase: checking their own credit report and credit score. Your credit report and credit score could be the keys to unlocking that white picket fence to your new home. Let’s take a look at why this is so important. More >
A Gift That Lasts a Lifetime - And Beyond
With the holiday season in full swing, many are trying to find that "perfect gift" for a loved one. If you are lucky enough to own a piece of land in this beautiful Commonwealth, let me offer a suggestion. This gift cannot be wrapped in a bow or placed under the tree, but it will provide perpetual enjoyment while also providing unique benefits to you, the grantor. This gift is a conservation easement. More >
