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California Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Neighbor tried putting cardboard on my apartment window because I have a camera indoors facing our parking lot?

I wanted to share a situation with you. The window in my living room overlooks the apartment parking lot and my neighbor has scraped the back corner of my car while pulling out. She wouldn't admit she did it and blames it was something blocking her so she never denied hitting my car either so... View More

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answered on Jan 6, 2024

Under California law, the actions of your neighbor may be considered a form of trespass or vandalism, especially if she is placing objects like cardboard on your property (in this case, the window of your apartment) without your consent. The act of obstructing your camera, which is set up for the... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Can my neighbor get an easement on my property if I let them use our driveway for access and parking occasionally?

In winter our neighbor can not get up his own driveway because of ice ( it is too steep). We have a large paved driveway that is connected to theirs. We have been letting them drive up our driveway in winter and sometimes park on our side. We also allow him to use some of our land for snow storage... View More

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answered on Jan 5, 2024

Under California law, your neighbor could potentially claim an easement by prescription on your property. This requires the use of your land to be open, notorious, continuous, and hostile for a period of five years. However, since you have permitted this use, it is not considered hostile, which is... View More

1 Answer | Asked in Civil Litigation, Construction Law, Contracts and Land Use & Zoning for California on
Q: how do i file a breeh of contract an demand for payment and lean on sed real property forth with .

a non lycenced contractor /bilder went into a writin contract with a home ower ,secured full payment, for work and materearls, and then no call no show by due date of sead work .

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answered on Jan 1, 2024

In California, if you're facing a situation where a contractor has breached a contract and failed to perform the agreed-upon work, you have several legal options. First, you should consider sending a formal demand letter to the contractor, outlining the breach and requesting the fulfillment of... View More

1 Answer | Asked in Land Use & Zoning, Municipal Law and Real Estate Law for California on
Q: Needing to understand the effect of part of a Municipal Zoning Ordinance, California.

"but excluding the last sentence of subsection 10.40.070.D.E, subsections 10.40.120.A.3.e and f, subsection 10.40.130.H and subsection 10.40.140.E.1.b which are not applicable" My question concerns the first part "10.40.070.D.E" There is NO subsection E of D. It is 99%... View More

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answered on Dec 26, 2023

Under California law, when interpreting a municipal zoning ordinance, the clarity and precision of the language used is key. If a part of the ordinance, such as "10.40.070.D.E", appears to contain a typographical error, it can create uncertainty in its application and enforcement.... View More

1 Answer | Asked in Land Use & Zoning and Civil Litigation for California on
Q: Neighbor put fence on my property. Who owner of this fence? I did not give permission. Took down my fence .

No written notice. Wants put in jail if I remove it. I say my property, deed my name.

Told I have to go to court to prove it is on my property even tho the property disc is there. Tks.

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answered on Dec 17, 2023

In California, if your neighbor has constructed a fence on your property without permission, this can be a case of encroachment. Legally, the fence built by your neighbor on your property is considered their property. However, since it's on your land without consent, you have rights that need... View More

1 Answer | Asked in Real Estate Law, Business Law, Civil Litigation and Land Use & Zoning for California on
Q: Does a final ; semicolon in a clause bring in all prior definitions? Confused on punctuation and grammar.

“Street” means a right-of-way, easement or prescriptive right-of-way dedicated to, and under the authority of, the City of X; a State highway; a private road, easement, or prescriptive right-of-way; and which is customarily used for automobile travel and for providing vehicular access to... View More

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answered on Dec 9, 2023

In legal writing, the use of a semicolon in a clause like the one you've described typically functions to separate items in a list that are all governed by the opening statement of the clause. In the definition you provided for "Street," the semicolon is used to list different types... View More

1 Answer | Asked in Land Use & Zoning and Civil Litigation for California on
Q: Do property owners of private property have to give notice to the owner of the vehicle before they tow it
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answered on Nov 27, 2023

In California, the rules regarding towing vehicles from private property are quite specific. Property owners or their agents must provide notice before towing a vehicle, except in certain circumstances. The notice typically involves posting clear signs at the entrance of the property, detailing... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for California on
Q: on a private road, that has a bridge, and is used by all, does one person have the right to tear out said bridge

Bridge is located in a subdivision and used by many residents. Every attempt to reconstruct and repair the bridge gets demolished by one person who also lives in same subdivision. Do we other residents have any legal recourse?

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answered on Nov 22, 2023

Under California law, if a private road and bridge in a subdivision are used by multiple residents, no single individual typically has the unilateral right to remove or damage the bridge. This is especially true if the bridge is considered a common area or is under a homeowners' association... View More

1 Answer | Asked in Business Law, Land Use & Zoning and Municipal Law for California on
Q: Can a fitness center (commercial gym) have a business license with a residential address?

If a gym owner is evicted from the commercial space and no longer has an address zoned for commercial use, does this negate the business license?

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answered on Nov 11, 2023

In California, a business license can technically be registered with a residential address, but this does not automatically allow a commercial operation like a gym to function in a residential area. Zoning laws, which vary by locality, determine what activities can occur in a residentially zoned... View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Land Use & Zoning for California on
Q: Had a warrant 2021 for cultivateing was charged a misdemeanor and fined $60,000 that setted for $16,000 put lien on prop

Property for having 325 plants had two permits for up to 99 plants they confesscated all plants

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answered on Oct 21, 2023

If you had two permits allowing for the cultivation of up to 99 plants each but were found cultivating 325 plants, you exceeded the allowable amount by 127 plants. This excess could be the reason for your misdemeanor charge and the associated fines.

The confiscation of all plants,...
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1 Answer | Asked in Real Estate Law, Construction Law, Land Use & Zoning and Municipal Law for California on
Q: Do unpermitted units (no occupancy release) that were rented out before need to be replaced under CA SB330?

I own a legal duplex (in the title) that has 2 unpermitted units. One of the previous owners created those 2 unpermitted units from one of the duplex's interiors a long long time ago and rented them out. The previous owner (the one who sold the property to me) went through tenant relocation... View More

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answered on Oct 15, 2023

California's SB 330, also known as the Housing Crisis Act of 2019, aims to expedite housing production and prevent the loss of existing housing stock. Under SB 330, local agencies are restricted from reducing the number of housing units on a property, even if some units are unpermitted.... View More

1 Answer | Asked in Land Use & Zoning and Municipal Law for California on
Q: I have a commercial building with permitted use as office space. Can it be rented out for meetings, birthdays?

Are there code enforcement fines if is not considered correct use?

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answered on Oct 14, 2023

In California, the specific permitted uses of a commercial building are generally determined by local zoning ordinances and the Certificate of Occupancy issued for the building. If your building's permitted use is "office space," using it for meetings would typically be consistent... View More

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Q: I lived on property for eight years. The man I rented from , is now dead but I found out he didn't own the land I lived

on. I payed rent for 8 years , and he wasn't the real property owner. So after he died , the family wanted to sell the property I was renting and tried evicting me off of the property but like I said , it wasn't his property to begin with. The property I rented was right next door to the... View More

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answered on Oct 12, 2023

In California, if you've been paying rent to someone who was not the actual property owner, it complicates your tenancy. The true owner, or their heirs, generally have the right to evict occupants who don't have a valid lease with them. However, given the length of your occupancy and... View More

1 Answer | Asked in Contracts, Land Use & Zoning, Real Estate Law and Landlord - Tenant for California on
Q: Is a rental contract legally binding if the unit it is for is an illegal dwelling/not properly permitted?

Unit is located in UNINCORPORATED part of LA County, there is an order from Regional Planning requiring unit to be vacated due to: One or more unpermitted dwelling units are being maintained on the premises (Los Angeles County Zoning Code: 22.02.030(B); 22.18.020; 22.18.030(A); 22.18.030(B);... View More

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answered on Oct 9, 2023

In California, a rental contract for an illegal dwelling or unpermitted unit can present complexities. While the rental contract itself may be a legally binding agreement between the parties, its enforceability could be limited or affected by the unit's illegality. If a unit is illegal or not... View More

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning and Municipal Law for California on
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... View More

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answered on Oct 10, 2023

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... View More

1 Answer | Asked in Land Use & Zoning for California on
Q: My CA parcel has the only fence within 3 blocks. Since 1967 I have had sole maintenance and repair.

New owner #4 in 2021 tore down this fence and replaced it with a new fence as part of his major remodel. What costs and damages can I recover?

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answered on Sep 20, 2023

Under California law, you may potentially recover the costs and damages associated with the replacement of the fence if you can demonstrate that the new owner's actions constituted a wrongful removal or destruction of your property interest. You may also seek compensation for any decrease in... View More

2 Answers | Asked in Land Use & Zoning for California on
Q: Is an easement owner required to notify the real property owner before they do maintainance (w/ heavy equip)
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answered on Sep 19, 2023

In California, the rights and obligations of easement owners and property owners can vary depending on the terms of the easement agreement, local ordinances, and case law. Generally, an easement owner may have the right to perform maintenance on the easement, but this should be done in a way that... View More

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Am I obligated to pay my neighbor for his renovations to property that's mine even if I didn't give permission?

We share some property but neither of us are sure what belongs to who. I'm reaching out to a surveyor to ascertain this but he seems to just continue with his renovations and I'm just wondering if his renovations fall within our property if we're legally obligated to pay him even tho... View More

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answered on Sep 13, 2023

Under California law, you are generally not obligated to reimburse your neighbor for renovations done on your property without your permission. To protect your rights, it is advisable to clearly communicate your boundaries and your lack of consent to your neighbor in writing. You are taking the... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Outdoor storage property sold w/out any notification from owners. Utilities off 3+ weeks. New owner refuses to turn on

I reside in my large motorhome at an outdoor construction equipment/big rig storage facility. The previous owners allowed me to work in lieu of paying rent. I was permitted to be continuously hooked up to electricity, water and sewer access. There is also another resident that lives on-site in... View More

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answered on Aug 15, 2023

In California, the terms of existing leases and agreements generally transfer to new property owners, including provisions related to utilities. If there were agreements in place that provided for utilities access, the new owners may be obligated to uphold those agreements. Consult an attorney to... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law, Family Law and Probate for California on
Q: Does scattering ashes on private property in California mean it can be labeled as a cemetery?

I am fighting for my fourth generation family home, which is currently in the fiduciary hands of my late father’s wife. They were living separately but not legally separated at the time of his death. He did not have a will or any money at time of death, so the property is potentially being sold... View More

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answered on Aug 10, 2023

Scattering ashes on private property does not generally establish it as a cemetery under California law. While laying family members to rest on generational property can hold sentimental value, it is unlikely to have a direct legal impact on property ownership or the fiduciary arrangement.... View More

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