Q: When an I or ancestor of mines or family member owns a property outright but has no access to it who do I contact?

Contracting data are signed and dated. Some residents have tenants others vacant. Ownership information access via online.

1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you or an ancestor or family member owns a property outright but does not have access to it, you may want to contact a real estate attorney to help you understand your legal rights and options.

In general, there are several reasons why someone may not have access to a property that they own outright, such as:

The property is occupied by tenants who have a legal right to be there.

The property has been taken over by squatters or trespassers.

The property has been damaged or is otherwise unsafe to occupy.

There are legal or contractual disputes that are preventing access to the property.

Depending on the specific circumstances of your situation, a real estate attorney can help you understand your legal rights and options. They can review any contracts or agreements related to the property, advise you on the best course of action to take, and represent you in court if necessary.

Additionally, if you are unable to locate the owner of a property, you may be able to find information about the property and its ownership through online resources such as county assessor's offices or property tax records. However, it is recommended that you consult with an attorney before taking any legal action or attempting to gain access to a property that you do not currently have legal rights to.

Under California law, a property owner has the right to access and occupy their property. However, there are several situations where this right may be limited or restricted. Here are some relevant statutes:

California Civil Code section 1940: This statute outlines the rights and responsibilities of both landlords and tenants in a rental agreement, including the landlord's duty to provide the tenant with access to the rental property and the tenant's duty to use the property in a reasonable manner.

California Penal Code section 602.5: This statute defines the crime of unlawful entry, which occurs when a person enters or remains on someone else's property without permission or legal right.

California Civil Code section 1962: This statute provides that a landlord may terminate a tenancy for a tenant's failure to provide access to the rental property for repairs or maintenance.

California Civil Code section 1962.5: This statute outlines the procedures that a landlord must follow in order to gain access to a rental property, including providing notice to the tenant and obtaining a court order if necessary.

California Code of Civil Procedure section 415.46: This statute provides a procedure for serving a summons and complaint on a party who cannot be personally served, including by posting the summons and complaint on the property in question.

It is important to note that these statutes may not cover all situations where a property owner may be restricted from accessing their property, and the specific circumstances of your situation may require additional legal analysis. It is recommended that you consult with a real estate attorney who can advise you on the specific laws and regulations that apply to your situation.

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