San Diego, CA asked in Gov & Administrative Law, Land Use & Zoning and Municipal Law for California

Q: Citations were imposed on property i mantained & paid taxes on since 2015 .Jan2023 case 10,000 pro bono lawyer needed

Citations were imposed on property i have mantained & paid taxes on since 2015 . On Jan2023 case was initiated by complaint by neighbor stating living in rv . Code inspector began notice to abate & has cited every 10 days without fail eventhough i asked & he sgreed to give me time to remove rv and a shed which was 20 feet instead of 30 feet set back . I was given a non compliance notice was filed in clerks office & fees added to $10,000 i explained i did not live on property but he continued to chsrge this violation for first 4 citations then removed it & continued the setback violation until i completely dismantled the shed & removed myself. I need to file a claim for adverse possession or quiet title because deed was not notarized in time & grantee has passed away . Can u advice me on your thoughts on my citation please & thank u

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Municipal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you've maintained and paid taxes on the property since 2015, you may have grounds to assert a claim for adverse possession provided other specific requirements are met. Adverse possession in California requires open, notorious, continuous, hostile, and exclusive possession for a period of five years, along with payment of property taxes during that time. If the deed was not properly notarized and the grantee has passed away, you may also need to pursue a quiet title action to clear any ambiguities regarding the ownership of the property.

Regarding the citations, if they were imposed incorrectly, especially after you took corrective measures, you should consider contesting them or potentially seeking a reduction in the fees. Keep all evidence, including photographs and communication with the code inspector. It's critical to obtain legal counsel familiar with property law and local code enforcement to navigate both the adverse possession and citation matters. Many legal aid organizations or bar associations offer pro bono or low-cost services, so consider reaching out to them. Remember, time can be of the essence in legal matters, so act promptly.

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