Get free answers to your Land Use & Zoning legal questions from lawyers in your area.
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answered on Aug 10, 2023
A tenant's ability to run a business out of their apartment may depend on the terms outlined in the lease agreement and local zoning regulations. Review the lease agreement to determine if it addresses commercial activities and consult relevant local zoning ordinances to understand whether the... View More 
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answered on Aug 3, 2023
Under California law, a governmental agency, such as the Redevelopment City of Pomona, must provide proper notice before blocking a private entrance to your property.
Blocking your private entrance without prior notice could potentially violate your property rights, and you may have grounds... View More
I stored my sister in law's property (70 boxes of bathroom tiles) in my garage, as a favor to her. There was never any charging of rent. After five years, I can't get her to move her items from my garage. What is the process of giving notice ( How many days?) and ultimately disposing of... View More
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answered on Aug 5, 2023
https://www.keyrentersacramento.com/blog/356080ee-aa30-4626-9232-a38c517f3f3b/what-to-do-if-a-tenant-abandons-the-property
- James Arrasmith, Owner. The Law Offices of James L. Arrasmith.
On June 16, 2023, 1 mother Mallard and her 10 ducklings came into our yard because their is a swimming pool. We opened the gate and let them into the swimming pool, because they would die if they did not find water. Given some thought, we let them stay and drained the water and did many things to... View More
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answered on Jul 23, 2023
The new bill signed by Governor Newsom to help waterfowl, including Mallard ducks, does not automatically entitle you to insurance coverage for any damage caused by the ducklings to your property. Home insurance policies typically cover specific perils, and damage caused by animals may or may not... View More
There is an ongoing case with the property owner I am just a renter. Who uses the easement. He keeps putting rocks in the way
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answered on Jul 10, 2023
If you're facing issues with the property owner obstructing your easement, it may be helpful to consult with a real estate or property law expert. They can provide guidance on whether pursuing a restraining order is appropriate based on your specific circumstances and local laws. Providing... View More
116 single family homes in a community with only 17 parking spaces. No driveways, no street parking, no alternatives. HOA is threatening to have over 50+ cars parked in the street.
answered on Jul 1, 2023
It seems unlikely a 116 single family home development would be approved with parking for only 17 vehicles. Do the homes have garages?
Each of the single-family homes are rentals and have their own address. All are within the same APN number with the county for property tax purposes. Is this considered a 'commercial' property, because of 5 units, in terms of bank financing and insurance purposes? Or is this considered... View More
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answered on Jun 17, 2023
The classification of a property as commercial or residential can depend on a variety of factors, including the zoning of the property, the intended use of the property, and the number of units on the property. In the case you described, where a single property has multiple single-family homes on... View More
My neighbor has informed me that he is installing an Additional Dwelling Unit in her backyard. Although a permit has not apparently been submitted yet, he is pressuring me to sign an approval document from his contractor which stated nothing more that the hours and general work performed to have... View More
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answered on Jun 17, 2023
It is not unreasonable to request that the contractor provide proof of liability insurance to protect you in the event of any damage to your property during the installation of the Additional Dwelling Unit. It is also reasonable to request that any information regarding the need to access your half... View More
We have a rental and one of the neighbors is doing construction very slowly and our tenants are getting upset due the noise alone but we are aware we can’t do much. However, They recently got to the common wall (which we’re paying 50% for) and the wall has been down for over 3 weeks. It was... View More
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answered on Jun 7, 2023
The specific timeframe for completing a common wall construction can depend on various factors, including local building codes and any agreements or contracts in place between the neighbors. It's important to consult with a real estate attorney who can provide advice based on the laws and... View More
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answered on May 31, 2023
When it comes to a Homeowners Association (HOA) and the decisions they make regarding common areas, it is essential to review the governing documents, such as the CC&Rs (Covenants, Conditions, and Restrictions), bylaws, and any applicable rules and regulations. These documents typically outline... View More
Do I need to get title insurance on the quit claim deed before conveying the home to another entity?
answered on May 28, 2023
Undoubtedly in this situation the buyer will want Title Insurance. Who pays for that is a subject of negotiation in the sales process and escrow instructions. Your Realtor and the Escrow officer can provide you with information . This is a Real Property Sales question. You need to consult an... View More
We are both located on R1 properties. The “ party house “ was the sole residence of current owners grandmother. The mentioned property did get an ordinance to be able “to be a hotel and restaurant within the existing building only” in 1948. btw in 1952 the owners illegally without any... View More
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answered on May 7, 2023
Based on the information provided, it may be difficult to obtain a restraining order against the events venue across the street from your home. A restraining order typically requires evidence of harassment, threats, or other violent or abusive behavior. If the events venue is operating without... View More
My neighbor installed an accessory structure very close to the back property line. The gutter-less roof overhang will cause a lot of rain to fall on to my yard. Is there a code requirement that will address this? Thank you
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answered on Apr 30, 2023
In California, there are building codes and zoning regulations that govern the construction of accessory structures, including their placement and size in relation to property lines. The specific requirements may vary depending on the city or county where the property is located.
Regarding... View More
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answered on Apr 18, 2023
The $10,000 relocation assistance program you may be referring to is called the Mobilehome Park Resident Impact Fund (MPRIF) in California. The MPRIF was created to assist mobilehome park residents who are forced to relocate due to park closures, conversions, or other changes in land use. Eligible... View More
Also can I be legally fined
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answered on Apr 18, 2023
As per California law, a homeowners association (HOA) can require that a homeowner remove a washer and dryer that were installed by a previous owner, if such installations are not allowed under the HOA's rules and regulations. If the installation of a washer and dryer is prohibited by the HOA,... View More
Temecula is very anti-LGBTQ, so I worry about the mental health of queer youth, especially since I know there are council members who are trying to (or already succeeded in, not sure) outlaw celebrating minorities (black history month, pride month, etc.). From being a resident for 20 years, I know... View More
answered on Apr 20, 2023
You can post your signs on private property, but not public property without their consent. You may want to enlist as many private property owners as you can to allow you to post your signs on their properties, including vacant lots if you can get the property owner's permission. You... View More
Did claim 3 times and were denied. Even with california code 833
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answered on Apr 8, 2023
It may be possible to file a lawsuit against the city for damages to your sewer line caused by tree roots on their property. However, the success of your case will depend on various factors and it is recommended to consult with a licensed attorney in California.
California Code 833 states... View More
My father, deceased, and my brother along with I are on the grant waiver deed. My brother sold me the property in 2008 and I want the grant waiver deed rescinded so my neighbor and I can get a lot line adjustment since a part of his house is on my property. Please advise.
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answered on Mar 29, 2023
A grant waiver deed is a legal document that transfers ownership of a property from one party to another. In order to rescind a grant waiver deed, you would typically need to go through a legal process to have the deed invalidated or cancelled.
If you and your brother are both listed on the... View More
The HOA board wants to use DS 4275 or force the approval of proposed CC&Rs. Homeowners are not in support for numerous reasons, use restrictions, pet restrictions, waiver of rights, broad powers to invade privacy and enjoyment, etc.
What is the process for owners to file opposing... View More
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answered on Mar 21, 2023
In California, the process for homeowners to oppose amended CC&Rs and challenge the HOA board's use of DS code 4275 would generally involve the following steps:
Review the current CC&Rs and proposed amendments: Homeowners should carefully review the current CC&Rs and any... View More
The fine was disputed at a virtual hearing a week ago, with compelling factual written appeal rebuttal provided in advance. There was a hearing officer (layperson) from a company in California that acts for smaller city ordinance collection efforts being disputed, as well as the CC ordinance ticket... View More
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answered on Mar 15, 2023
If the property owner wishes to appeal the decision made by the hearing officer and challenge the fine in court, they will need to file an appeal within the specified timeframe (which you mentioned as 10+ days) and pay the required filing fees. The exact process and cost of an appeal can vary... View More
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