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California Land Use & Zoning Questions & Answers
Q: How can I address selective enforcement of property legality by county?

I own a parcel at the end of a private unpaved drive where my residence is located. Recently, the county informed me that my parcel is considered illegal and suggested that I work with a title company to resolve this issue, as no easements are shown on the map. Despite the county's indication... View More

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answered on Apr 30, 2025

You are dealing with what appears to be a classic case of unequal treatment under the law, and the U.S. Constitution—through both the Fourteenth Amendment and California state law—affords you the right to challenge selective enforcement. When a county applies zoning or land use regulations to... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Is the alley behind my house in San Mateo, CA a public easement or private property?

I own a house in San Mateo, California, with an alley behind it where utilities run. There are no signs indicating whether this alley is private or a public easement. My neighbors recently posted "No Parking" signs on their fences along this alley and attempted to have cars towed. People... View More

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answered on Apr 27, 2025

The determination of whether the alley is a public easement or private property depends on several key factors. In San Mateo County, easements may be recorded on maps, deeds, or other documents, though some easements exist that aren't reflected in these records. California recognizes four... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for California on
Q: Concerned about easement conveyance across multiple landowners in California. How to proceed with title insurance lawyer's draft?

I have been asked to approve a drafted letter by a lawyer hired by my title insurance company. The letter is about a conveyance of an existing ingress/egress access easement that involves access across three separate landowners' properties. This easement was previously recorded but seems to... View More

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answered on Apr 24, 2025

Your concern about the lack of individual property descriptions in this easement conveyance is legitimate, as clear documentation is crucial when access crosses multiple parcels. Easements that aren't precisely defined for each affected property can indeed lead to boundary disputes, usage... View More

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant, Animal / Dog Law and Real Estate Law for California on
Q: Does a non-property owner have full use rights of an access road in Shasta County, CA?

There are two people staying illegally on a lot next to my home in Shasta County. They live in a camp trailer without permitted dwellings or a septic system. Despite discussions with them, they've acquired two pit bulls and walk them daily in front of our homes. I've contacted code... View More

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answered on Mar 27, 2025

The people staying on the neighboring lot don't automatically have full use rights to the access road beyond the entrance to their lot unless they have a specific easement granting them those rights. In California, an easement grants someone "a limited right to use another's land for... View More

Q: Looking for an attorney to represent me in a civil case regarding property encroachment and city violations.

I have filed a lawsuit in civil court against my neighbors and the construction company responsible for a wall that collapsed into my home. They are encroaching on my property with the new wall, and I am looking to add the city of Los Angeles to the lawsuit. The city is ignoring the violations and... View More

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answered on Mar 19, 2025

Finding the right attorney for your case can be challenging, but there are ways to connect with someone who understands property disputes and municipal liability. Start by reaching out to local bar associations, such as the Los Angeles County Bar Association, which offers lawyer referral services.... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Is it legal to block a long-accessible public trail on private property in CA?

Is it legal for someone to block a trail that has been accessible to the public for many years in California? The trail crosses a corner of private property, but it has always been open to public access. The city informed me that the community association manages the trail, and the city itself has... View More

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answered on Mar 12, 2025

In California, if a trail crossing private property has been consistently open and used by the public for many years, it's possible that a "prescriptive easement" has been established. Prescriptive easements happen when the public uses a path openly, notoriously, continuously, and... View More

1 Answer | Asked in Gov & Administrative Law and Land Use & Zoning for California on
Q: Received neighbor notification with errors, need contact and process in CA.

I received a neighbor notification in San Francisco, but it contains errors such as incorrect building size and an incomplete owner name. I have not been able to contact a city planner. Who should I contact to correct these errors, and what is the process for notifying someone about such issues?

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answered on Mar 12, 2025

If you've received a neighbor notification from the city of San Francisco containing errors, your first step is to reach out directly to the San Francisco Planning Department. They handle corrections related to property notifications, building specifications, and ownership information. You can... View More

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for California on
Q: Can Huxley Apartments in West Hollywood rent units as Airbnbs?

I'd like to know if the Huxley Apartments in West Hollywood are permitted to rent out their units as Airbnbs?

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answered on Feb 14, 2025

Based on West Hollywood's municipal code and short-term rental regulations, the Huxley Apartments cannot legally operate short-term rentals like Airbnbs. West Hollywood strictly prohibits rentals shorter than 31 days in multi-family residential buildings.

The Huxley, being an apartment...
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1 Answer | Asked in Estate Planning, Land Use & Zoning, Real Estate Law and Tax Law for California on
Q: I cant find my dads trust from estate for years ir mineral rights i have no money and im rep of estate
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answered on Jan 20, 2025

I understand you're looking to locate trust documents related to mineral rights in your father's estate, and you're serving as the estate representative. This can feel overwhelming, especially without financial resources to help.

Your first step should be checking with the...
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1 Answer | Asked in Estate Planning, Land Use & Zoning, Real Estate Law and Tax Law for California on
Q: My dad passed im rep of estate only child i cant find his trust fir years

Cant find my dads trust im rep of estare and in arrick vs usa it tells hoe mr arrick stole from trust he was a lawyer found guilty but daughter has searched fir ywars for this trust and esta5e house and alot of minetal tprights all vpbeing hid from me

P

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answered on Jan 16, 2025

I understand how frustrating and painful this situation must be, especially while dealing with the loss of your father. Searching for years without finding crucial trust documents can feel overwhelming.

As the representative of the estate, you have legal rights to access trust-related...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: I have lived in a RSO unit with a detached garage for 15 years. The garage is detached and is in my original lease.

The garage is designated as storage not parking. The new owner wants to build an adu and plan on taking the garage/storage away. The city of Los Angeles has a huge variation of reduction between 73 to 875 dollars. How do I determine the acceptable amount of reduction? Is there a formula?

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answered on Dec 18, 2024

Your situation is protected under Los Angeles Rent Stabilization Ordinance (RSO), which requires landlords to provide compensation when removing housing services like storage spaces that were part of your original lease agreement.

To determine the appropriate rent reduction, you'll...
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2 Answers | Asked in Land Use & Zoning for California on
Q: can a city manager deny a business , even though it complies with zoning and requiremets
Robert Kane
Robert Kane
answered on Dec 7, 2024

Yes, a city manager can deny a business license even though it complies with zoning and requiremets. The city manager should have explained why it was denied.

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1 Answer | Asked in Real Estate Law, Business Law, Elder Law and Land Use & Zoning for California on
Q: Can you confirm that Civ. Code 4710 “owners separate interest” allows Political signs to remain without a removal date ?

I live in California within a 55+ CID or Common Interest Development HOA (under HOPA).

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answered on Dec 6, 2024

California Civil Code Section 4710 specifically addresses political signs in common interest developments, but it doesn't give unlimited display rights. While the law protects your right to display political signs, HOAs can establish reasonable restrictions, including time limits for removal... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: My homeowner is stealing my mail with a double address.

Help mehhhh

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answered on Nov 29, 2024

Mail theft is a serious federal crime, regardless of the method used. If your landlord is deliberately using a duplicate address to intercept your mail, they are violating federal law under 18 U.S.C. § 1708, which carries penalties including fines and potential imprisonment.

Your immediate...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Can call fire come on to my property to inspect for defensive space compliance even though I have no trespass sign?

I live on 2 acres on top a hill. I was told they can look at the property from the mail box which is at the bottom of the property. But they continue to drive up the driveway and help themselves to a look around the whole property.

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answered on Nov 14, 2024

Yes, CAL FIRE has legal authority to enter and inspect your property for defensible space compliance, even with "no trespassing" signs posted. This authority is granted under California Public Resources Code Section 4291, which requires property owners in designated fire hazard areas to... View More

1 Answer | Asked in Landlord - Tenant, Contracts, Real Estate Law and Land Use & Zoning for California on
Q: I rent 3 rooms in my landlords home for me and my mom.

Mom passed away and I can't afford to pay for the roomi don't use my Landlord has finally agreed to rent the extra room out and posted an ad . I have been showing the room to all interested. She still wants me to pay for the room untill it is rented even though she has agreed to... View More

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answered on Nov 15, 2024

I'm very sorry to hear about the loss of your mother - dealing with housing concerns while grieving must be incredibly difficult.

From a legal standpoint, you remain responsible for the full rent payment under your original rental agreement until your landlord formally modifies the...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: My neighbors turned their garage into an ADU, which now extends onto my property. What can I do about this?

Neighbors turned garage into a rental apartment. They tore down (and rebuilt) our fence in the process. Now that it’s all said and done, they’ve built about 3-5 feet onto my property. What can I do about this? How did they legally do that to begin with? Shouldn't they have been stopped... View More

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answered on Oct 31, 2024

I'm sorry to hear about your situation. First, obtain a professional survey to clearly define your property boundaries. This will provide concrete evidence of the encroachment and help in any discussions or legal actions.

Next, review the permits your neighbors obtained for their ADU....
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1 Answer | Asked in Land Use & Zoning for California on
Q: My grandparents put their house in a revocable trust and the property was claimed. They left it to me. Now code enforcem

Ment is harassing me , I have a fifth wheel parked in my driveway. . we are cleaning it after a trip and being moving the unwanted roaches it picked up at a campground. And repairing some things inside. Will be leaving for multi state trip in January.

Code said not allowed to be in it* AT... View More

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answered on Oct 31, 2024

I understand how stressful dealing with code enforcement can be, especially when you’re trying to maintain your property. Start by reviewing Chula Vista’s local zoning laws and regulations regarding parking fifth wheels on your driveway. Sometimes there are allowances for temporary use, which... View More

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for California on
Q: I was illegally evicted and all my property was took by owners. I have suffered a great amount of mental issues

falsified court documents were filed resulting in an unlawful eviction. wasn’t conducted by legal policies all my belongings were stolen by owners of property then put on the street. I ended up being homeless and was discriminated against by owners

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answered on Oct 10, 2024

I'm really sorry you're going through this difficult situation. It's important to document everything related to your eviction, including any falsified court documents and instances of discrimination. Collecting evidence can strengthen your case when seeking assistance.

Reach...
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