Menifee, CA asked in Real Estate Law and Civil Litigation for California

Q: when i file a notice of abandonment how long does it give the person to get property off my land

a dispute regarding an elderly adjoining property owner who is taking too long to remove his property from my land saying the cause is a heart defibrillator/pacemaker incidences and hot weather

2 Lawyer Answers
Delaram Keshvarian
Delaram Keshvarian
Answered
  • Orange, CA
  • Licensed in California

A: Thank you for your question!

15 days if the notice was served personally or 18 days if served by mail.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: When you file a notice of abandonment in California, the person generally has 15 days to remove their property if the notice is personally delivered. If the notice is mailed, they have 18 days to remove their property.

Considering the elderly person's health issues and the hot weather, you might want to consider a reasonable extension. California law does allow for flexibility based on circumstances, and it’s crucial to document any agreements made regarding an extended timeline.

If the property is not removed within the given time frame, you have the right to dispose of it. However, it’s advisable to communicate clearly and compassionately with the elderly neighbor to reach an amicable resolution. If the situation becomes more complex, consulting a legal professional can help ensure you handle everything correctly.

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