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California Land Use & Zoning Questions & Answers
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).

James L. Arrasmith
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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

James L. Arrasmith
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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 Domestic Violence, Land Use & Zoning and Landlord - Tenant for California on
Q: I was served a eviction notice from the sheriff giving me 5 days to move out but now I'm dealing with a domestic violenc

So I guess my question is I served an eviction I have 5 days to get out from the sheriff but now I'm dealing with a domestic violence issue is there anything that I can do to postpone the eviction or what can I do

James L. Arrasmith
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answered on Nov 14, 2024

I'm sorry you're going through this difficult time. In California, victims of domestic violence have certain protections that might help with your eviction situation. You can request a postponement of the eviction by informing the court of your circumstances. Providing documentation, such... View More

1 Answer | Asked in Domestic Violence, Land Use & Zoning and Landlord - Tenant for California on
Q: I was served a eviction notice from the sheriff giving me 5 days to move out but now I'm dealing with a domestic violenc

So I guess my question is I served an eviction I have 5 days to get out from the sheriff but now I'm dealing with a domestic violence issue is there anything that I can do to postpone the eviction or what can I do

James L. Arrasmith
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answered on Nov 14, 2024

I'm sorry you're going through this difficult time. When facing both an eviction and a domestic violence situation, there are steps you can take to address both issues simultaneously.

First, reach out to a local legal aid organization or an attorney who understands both eviction...
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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.

James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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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1 Answer | Asked in Construction Law, Environmental, Land Use & Zoning and Municipal Law for California on
Q: How do I file for a Preliminary Injunction in Lake County, Ca

Our neighborhood already burned down in 2016 Lower Lake, CA Clayton Fire.

I'm trying to stop a construction company from building a New WOOD Fence that would abut & be Directly Under my stand of 50 year old Eucalyptus trees lining my 100 foot long driveway at property line.... View More

James L. Arrasmith
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answered on Oct 8, 2024

To file for a preliminary injunction in Lake County, California, you'll need to start by preparing a legal complaint that outlines your concerns and the reasons you're seeking the injunction. Include all relevant evidence, such as photographs of the tree line and information about the... View More

1 Answer | Asked in Construction Law, Environmental and Land Use & Zoning for California on
Q: I live in Lake County,CA fire area. I Need Prelim- Injunction to stop New Builders from put WOOD Fence under Tree stand.

I partially saved my property in the inhialating 2016 Lower Lake Clayton Fire, including a Stand of 50 year old Eucalyptus Trees that line my 100 foot long driveway & property line. 6 Trees

1 acre land.

New Builders want to errect a 6 foot WOOD fence Directly Under my... View More

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answered on Oct 8, 2024

I'm sorry to hear about the challenges you're facing with the new builders. To obtain a preliminary injunction, you should gather all relevant documentation, including photographs of your eucalyptus trees and the proposed fence location. This evidence will support your claim that the... View More

2 Answers | Asked in Criminal Law and Land Use & Zoning for California on
Q: Stolen cars parked outside my fence where mine is at can I be charged
Robert Kane
Robert Kane
answered on Oct 3, 2024

Depending on the circumstances if stolen cars are parked outside your fence where yours is at can you can be charged. Unfortunately, you description is so vague there is no way to guess if you will be charged. If you were charged, the the obvious answer is, "yes."

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2 Answers | Asked in Land Use & Zoning and Gov & Administrative Law for California on
Q: What is a citizen's recourse when a city takes actions that are in contravention of California Government Code?

City of Novato has approved or has pending three requests for developer's entitlement to density bonus under AB 2011, in violation of Gov Code Section 65583.2. No demolition has commenced at project sites.

Robert Kane
Robert Kane
answered on Sep 23, 2024

I suggest you quickly contact and organize other citizens that share your concern. Where city is in the process will dictate how you and the others proceed. If you haven't already, contact your elected officials.

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2 Answers | Asked in Child Support, Divorce, Land Use & Zoning and Real Estate Law for California on
Q: Getting divorce bought a house living for 15 years split the mortgage now with divorce don’t I get half of the house

She put her and her dad on the house we remodeled and I been paying half the mortgage with her the whole time the house is also worth 200000 than what we bought it for

Manuel Alzamora Juarez
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answered on Sep 11, 2024

Your attorney should be able to request half of the equity on the marital property.

Not quite sure about your statement regarding her parents.

Did she put them on the property ‘s title?

Or did she just allow them to live on the property?

If the first? Then , At...
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1 Answer | Asked in Real Estate Law, Antitrust, Constitutional Law and Land Use & Zoning for California on
Q: What are the limitations (if any) applied to an unincorporated American nation pursuant of right to conquest?

Due to fraud and semantic deceit, parents were coerced into signing their children into the corporate slave system. Then through Naturalization the people have claimed the status (US Citizen) themselves,unbeknownst of the totality. By maintaining my American Principality and information to the... View More

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answered on Sep 9, 2024

The idea of an "unincorporated American nation" and rights to conquest, as you describe, isn't recognized under current U.S. law. The United States operates under federal and state legal systems that govern all individuals and entities within its territory. Claims of sovereignty or... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Neighbor had recent property line survey. Saying my driveway is on their side.

I have been in my home for over 30 years. The previous owner put in a driveway. (about 40 years ago)

My next door neighbor who moved in 18 years ago decided to recently survey the property. Told me my driveway is on their side. May want a section broken off. What are my rights?

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answered on Aug 29, 2024

In California, you may have legal grounds to keep your driveway where it is due to a concept known as "adverse possession" or "prescriptive easement." Since the driveway has been in place for over 40 years, and you’ve used it openly, continuously, and without the... View More

1 Answer | Asked in Land Use & Zoning for California on
Q: Is there long term parking allowed in an easement in San Diego County?
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answered on Aug 24, 2024

In San Diego County, parking long-term in an easement can be complicated. Easements are generally designated for specific uses, like access or utilities, and parking could interfere with those purposes. If an easement is intended for access, long-term parking could violate the terms of the easement... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for California on
Q: southern california edison wants me t move my fence 8 ft from the transformer.

it was a vacant lot and transformers was already there. i went through the realtor and the builder. I had no say so where I put my fence. i asume everything was on th up and up.

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answered on Aug 20, 2024

It sounds like you're facing a challenging situation with Southern California Edison regarding your fence. Since the transformer was already on the lot when you purchased the property, it's understandable that you assumed everything was in compliance. However, utility companies often have... View More

1 Answer | Asked in Contracts, Real Estate Law, Land Use & Zoning and Landlord - Tenant for California on
Q: How to create an easement road agreement, from property owner to others?
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answered on Aug 19, 2024

To create an easement road agreement, start by identifying the parties involved, including the property owner granting the easement and those receiving the benefit. The document should clearly describe the specific portion of the property that will be used as the easement and outline its intended... View More

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