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Questions Answered by William Stanger
1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: neighbor issue

Weeds were growing in a drainage ditch; seeds from the weeds invaded the neighboring property and those owners brought an action to abate them as a nuisance. Must the owner of the drainage ditch remove the weeds?

William Stanger
William Stanger answered on May 11, 2021

Nuisance claims require that a plaintiff prove the defendant acted (or failed to act) unreasonably, and as a result the plaintiff suffered some kind of harm/annoyance or interference with the use and enjoyment of their property, and that an ordinary person would be annoyed or disturbed by... Read more »

1 Answer | Asked in Contracts and Real Estate Law for California on
Q: I just got an apt application approved and my girlfriend is on it with me. But she still has 3 months left on her lease

I want to make sure this isn't going to create any issues when signing the new lease. We are planning on just overlapping (her paying out the remains 3 months) her current lease because her current lease is cheaper because it is split between roommates she shares the apt with.

William Stanger
William Stanger answered on May 3, 2021

Overlapping on leases like this is very common. As long as she's paying the due rent on both properties, it shouldn't be an issue. It's risky to try to pay out the remaining months' rent in a lump sum, however. Usually, the lease language does not differentiate between rent... Read more »

1 Answer | Asked in Contracts, Criminal Law and Real Estate Law for California on
Q: Landlord ?: can I technically give “1 day leases” with 0 tenant/landlord obligations to have a gathering during covid?

Technically couldn’t I give unlimited leases just for one day to have all attendees be considered “household members”

William Stanger
William Stanger answered on May 3, 2021

The one day lease isn't the problem. A contract (including a lease) is not valid if it has zero obligations. You are also limited in the number of legal tenants to two per bedroom. Further, it seems likely that such a lease would be deemed to have an "illegal purpose" and be void... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Neighbors turning on double flood lights which trespass directly into my second floor apt, all the way to my back wall.

I had a problem ten years ago, and now it is happening again with new tenants in this rental home property across the street. I alerted said neighbors to the issue, they explained homeless are trespassing onto the property. They turned on porch light and shut their gate for a few weeks. Now, the... Read more »

William Stanger
William Stanger answered on May 3, 2021

Depending on where you live, it may be a violation of a local law and contacting the City and waiting would be your cheapest option. I would also expect that you have a claim for private nuisance against the neighbor, and you could seek an injunction, but that would be expensive.

1 Answer | Asked in Real Estate Law for California on
Q: Hi, we iive in a condo with standing water breading mosquitos and the board of directors have not done anything in years
William Stanger
William Stanger answered on May 3, 2021

If the standing water is located in the common area of the condo complex, then the HOA is responsible for it. If the mosquitos are causing a nuisance, i.e., unreasonably interfering with owners' use and enjoyment of the property, then the HOA should address the issue either with periodic... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Can a prescriptive easement be granted to someone using a private road for a shortcut to their property?

they are exiting a public road, driving on a short private road, then back onto a public road, then arriving at

their property. The distance is longer than if they stayed on the public road.

William Stanger
William Stanger answered on May 3, 2021

Yes, there is no requirement in California that the person seeking the prescriptive easement needs to be using it to access adjacent property, and there is no requirement that they have to take the shortest path. So long as the proper elements are met, there is a chance the claimant could be... Read more »

2 Answers | Asked in Real Estate Law for North Carolina on
Q: I have been financially responsible for a home that I am listed on the deed as owner with the right of survivorship.

The co-owner now wants me to sign a quit claim and give her the house with no remuneration. She is in ill health and needs the money and wants to sell but not split the $. I have refused. I currently live in this house with my wife. Is there anything she can do to legally force me out of this house... Read more »

William Stanger
William Stanger answered on May 3, 2021

In California, one co-owner of a property can force another co-owner to sell by bringing a civil lawsuit for "partition." If the dead clearly shows that you both are co-owners of the property together and there is no dispute about that, then her right to partition is nearly absolute.... Read more »

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