Zoning and Land Use: What Happens When Property Use Is in Dispute

Conflicts over zoning and land use can create significant stress and uncertainty for property owners. At Drucker & Mattia, PLLC, we understand the complexities of New York real estate law and the challenges you face when a property’s use is in question. These disputes, whether with a neighbor or a municipality, require skilled legal guidance to protect your investment and ensure your property rights.

looking at zoning map

Understanding the Basics of Zoning Laws

Zoning laws are local ordinances that govern how land can be used within a specific area. They determine what types of buildings can be constructed, their size, and their purpose (e.g., residential, commercial, industrial). When a dispute arises, the first step for a real estate lawyer in NY is to meticulously review the local zoning code and any relevant permits or variances.

filling out zoning variance application

The Role of a Variance and Special Use Permits

Sometimes, a property owner needs to use their land in a way that doesn’t strictly adhere to the current zoning laws. This is where a variance or a special use permit becomes necessary. A variance allows an exception to a zoning rule due to a unique hardship, while a special use permit is granted for a specific purpose that is generally compatible with the area.

meeting with an attorney over zoning

What To Do When a Neighbor’s Use Violates Zoning

Disputes often stem from a neighbor’s property use violating zoning regulations. This could involve an unapproved business operation in a residential zone or an addition that exceeds height limits. In these situations, your real estate legal services partner will help you gather evidence and file a complaint with the appropriate municipal board.

gavel on table

Navigating Challenges With Municipal Boards

Resolving zoning and land use disputes often involves a public hearing before a zoning board or planning commission. These hearings can be complex and intimidating, requiring a solid legal strategy. Your real estate lawyer will prepare and present your case, including compelling arguments and evidence.

Your Trusted Partner in Real Estate Law

Property use disputes can jeopardize your peace of mind and financial security. Whether you are seeking a variance, defending against an alleged violation, or addressing a neighbor’s non-compliance, the legal team at Drucker & Mattia, PLLC is ready to assist. Contact us today to schedule a consultation and discuss your property rights!

Contact Us

The following two tabs change content below.

Nick Mattia

Latest posts by Nick Mattia (see all)