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Zoning Issues

Some of our clients have inquired how they should proceed if they suspect that they have a zoning issue. A problem typically will arise because a client;

  1. has received a notification from their Town or Village;
  2. wants to sell property; or
  3. has recently inherited property.

In all cases, the first required action will be to assemble all pertinent records regarding the property. All certificates of occupancy, certificates of compliance, and/or letters in lieu must be examined.

If there is a survey, that should be compared to the deed and the title report as well as to the municipal approvals.

Counsel will have to determine if the property has the documentation necessary to establish that the footprint of the structure (and in some cases the floor area coverage and/or lot area coverage), as it exists, is in compliance with the zoning code.

As a result of the analysis, further records may have to be ordered from the Town or Village Hall, or the County Health Department, and boundary line agreements may have to be entered into with neighbors.  Additionally, zoning applications may have to be filed to allow the continuation of various structures and/or uses.

Gathering the records, analyzing the compliance with municipal and other requirements will ultimately assist in establishing compliance with applicable codes and facilitate an easier transfer of ownership of the property.

Our firm would welcome the opportunity to assist you in establishing municipal compliance and readying your home for sale, or conversely assisting your purchasing of a new home.

What Happens to the House in Divorce

Our divorce clients have posed many questions with regard to what happens to the house or marital residence during the divorce.  We are often asked, does the house have to be sold?  What if one party wants to retain ownership of the home?  What happens to the existing mortgage loan?  Of course every case hasMore…

Last Will and Testament

I RECOMMEND THAT YOU REVIEW YOUR LAST WILL AND TESTAMENT PERIODICALLY There are many reasons that it is a good idea to review your Will every few years. In the first instance, you will want to make sure that you continue to have confidence in your named Executor’s and Trustee’s abilities to perform as youMore…

Are There Tax Implications Involving a Divorce

We receive many questions from our divorce clients concerning tax issues.  I am going to summarize some of the tax-related divorce questions. When marital assets are distributed pursuant to a judgment of divorce there is generally no gain or loss on the transfer of assets incident to a divorce provided the transfers occur at theMore…

What are My Rights ?

Here are some answers to some frequent questions we receive:   Question: What are my rights if I am injured in an accident? Answer: Your rights vary depending on the type of accident and the circumstances surrounding the accident. If you are involved in an accident, you and your spouse may be entitled to compensationMore…

Annual Bonuses

How are bonuses treated after divorce action? We recently received a ruling, which determined that an annual bonus is marital property subject to equitable distribution, even though the bonus was received after the commencement of the divorce action.  We represented a wife whose husband usually received an annual bonus of several hundred thousand dollars inMore…

Welcome to our Blog

Welcome to our new blog page.  We hope that this blog will provide you with interesting and useful news, court rulings and other matters of interest. We hope that this blog will provide you with interesting and useful news, court rulings and other matters of interest.  Our law firm, Goldstein, Rubinton, Goldstein & DiFazio P.C.More…