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California Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for California on
Q: What options are available to resolve a neighbor dispute when your access to property is blocked

In front of my property is a vacant 1035sq open space lot that is owned by my neighbor ,two other neighbors also cross his property to their homes. We have known the previous owner for years and would park there along side his vehicles we became the owners as of 2019 and continued to use the... View More

Q: City public works contacted me saying they're guessing my my waste management company truck caused road damage.

City public works contacted me saying they're guessing my my waste management company truck caused road damage. They want me to hire a contractor to pay for the damage caused to the road and the berm. This is outside of my property line, and seems like they should be contacting the waste... View More

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answered on Mar 1, 2024

In California, it's important to understand that while property taxes contribute to the maintenance of public spaces, including roads, the responsibility for damages caused by specific actions or entities can be allocated differently. If a waste management company truck is alleged to have... View More

1 Answer | Asked in Real Estate Law and Tax Law for California on
Q: What are the tax implications of a tenant in common gifting their 50% interest to the other 50% owner?

50/50 unmarried tenants in common on residential property in Riverside, California. Tenant A wants to gift 50% interest so Tenant B is the sole owner on the title. What's the best way to go about this (quit claim deed?) and tax implications?

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answered on Mar 1, 2024

When a tenant in common wishes to gift their 50% interest in a residential property to the other tenant, ensuring the transfer is executed correctly is crucial. In California, one common method to transfer such an interest is through a quit claim deed. This document will effectively transfer the... View More

1 Answer | Asked in Real Estate Law and Environmental for California on
Q: Is my apartment kitchen required to have an exhaust system in San Mateo county?

I have no exhaust system in my apartment in Burlingame. Is this required? Grease builds up and I’ve noticed mold build up in the winter when it’s cold outside and I cook inside.

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answered on Mar 1, 2024

In California, housing and building codes do set minimum standards for ventilation in residential units, which can include requirements for exhaust systems in kitchens. These standards are in place to ensure that air quality is maintained and to prevent problems such as mold and excessive moisture.... View More

1 Answer | Asked in Divorce, Intellectual Property and Real Estate Law for California on
Q: Married man filed "unmarried" in property quitclaim deed, is there anything we can do? (Married 2000, deed filed 2006)

Recently father (married since 2000) has been talking about selling my familys current home and is using a quitclaim deed he has as leverage, claiming he owns home. He doesn't live in America and doesn't live in this house, so he won't be affected by this. His reasoning for this is... View More

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answered on Feb 29, 2024

In California, property acquired during marriage is generally considered community property, meaning both spouses have an equal interest in it, regardless of how the property title is held. If your father falsely claimed he was unmarried on a quitclaim deed after marrying your mother, this could be... View More

1 Answer | Asked in Real Estate Law for California on
Q: Im seeking to get ownership through adverse possession. The owner to the home (my great aunt) died over 20 years ago.

I’ve been living in the home consecutively for the last 12 years, and have made improvements to the home as well as all utilities are in my name. However when it comes to the taxes I would give a family member the money to pay them for me -whom last year became the administrator over the estate... View More

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answered on Feb 29, 2024

In California, to claim ownership of a property through adverse possession, you must meet specific criteria, including possessing the property openly and notoriously, exclusively, continuously for a period of five years, and paying the property taxes during that time. Given that you've lived... View More

1 Answer | Asked in Real Estate Law and Probate for California on
Q: How can I remove a transfer on death deed filed after 60 days from being signed, in California?

After a friend's death I found a transfer on death deed in his papers. Thinking I just needed to file it I did just that. He hadn't filed it before he died. Now the property can't be sold because of this. the probate court says it's not part of probate. The county accessor sees... View More

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answered on Feb 28, 2024

Here are the steps you can take to try to remove an invalid transfer on death (TOD) deed in California:

1. File a petition in probate court to revoke the TOD deed. Even though the county says the deed is invalid, getting a court order for revocation would provide the best legal backing....
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1 Answer | Asked in Bankruptcy and Real Estate Law for California on
Q: Do I need an attorney for a california real estate LLC bankruptcy?

My real estate LLC has been destroyed by years of family court divorce proceeding which have left the company unable to maneuver its holdings, operate, or pay it's high interest rate short term notes that are now all in default. Is an attorney reuired for an LLC bankruptcy and can I get rid of... View More

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answered on Feb 28, 2024

Navigating bankruptcy for a California real estate LLC can be complex and challenging, particularly when the company is entangled in difficulties such as those you've described. While you aren't legally required to have an attorney to file for bankruptcy, the intricacies of bankruptcy law... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Small Claims for California on
Q: How do you rid of a mechanical lein on your home?

My mom is about to get a mechanical lein placed on her home mid March. She hired a company to clean and insulate the attic valued at 7200.00. She did not sign a contract. I her son signed an agreement in good faith. So far they don't want to work with us. They want either two installments or... View More

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answered on Feb 28, 2024

Under California law, a mechanic's lien is a security interest in the title to property for the benefit of those who have supplied labor or materials that improve the property. If a mechanic's lien is placed on your mother's home, it's crucial to address it promptly to avoid... View More

1 Answer | Asked in Real Estate Law for California on
Q: If there's mold in my unit and I complained about repairs and things that need to be fixed can my landlord serve me with

A 60 day notice or is she required to pay me for relocation.

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answered on Feb 27, 2024

In California, landlords have a legal obligation to maintain rental properties in habitable condition, which includes addressing issues like mold that can affect your health and safety. If you have reported mold or other necessary repairs to your landlord and they have not taken appropriate action,... View More

1 Answer | Asked in Contracts and Real Estate Law for California on
Q: Lease doesnt specify pet limit however I got a “Lease Violation” for having more than 2. Do I have to get rid of them?

My lease does not specify the max pet limit. I have 3 cats and a mini dog. I received a lease violation letter because of this. The options I was given are to rehome them or move out. In my lease I signed an acknowledgment stating “I acknowledge there are no other agreements regarding animal... View More

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answered on Feb 27, 2024

In California, the terms of your lease agreement play a critical role in determining your rights and responsibilities as a tenant, including policies regarding pets. If your lease does not explicitly limit the number of pets you can have, and you've signed an acknowledgment that there are no... View More

1 Answer | Asked in Contracts, Real Estate Law and Estate Planning for California on
Q: Can my uncle put my parents house in their parents trust

My parents bought condo &house and y grandparents cosigned. When grandfather died grandma dementia got bad, so my uncle put the my parents houses in trust. Can he do that?

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answered on Feb 26, 2024

Under California law, the ability to transfer property into a trust depends on who holds the title to the property. If your parents are the rightful owners of the condo and house, typically, only they have the authority to transfer their property into a trust. Co-signing on a loan does not grant... View More

1 Answer | Asked in Real Estate Law for California on
Q: The drain of the toilet in my condo invisibly dripped water that caused damage to the condo below. Must I pay for it?

There wan't any indication of any problem with the toilet that could be seen in my condo, so that it does not seem that I was negligent. The toilet was in the condo when I bought it. Am i legally responsible for the damage to the other condo?

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answered on Feb 26, 2024

Under California law, the issue of liability for water damage stemming from invisible leaks, such as from a toilet, often hinges on the concept of negligence. If there was no way for you to have known about the leak—meaning there were no visible signs or indications of a problem—you may argue... View More

1 Answer | Asked in Real Estate Law and Probate for California on
Q: How can I remove a transfer on death deed filed after 60 days from being signed, in California?

After a friend's death I found a transfer on death deed in his papers. Thinking I just needed to file it I did just that. He hadn't filed it before he died. Now the property can't be sold because of this. the probate court says it's not part of probate. The county accessor sees... View More

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answered on Feb 26, 2024

In California, a Transfer on Death (TOD) deed must be recorded within 60 days of the date it was signed to be valid. If you've filed a TOD deed after this period, and it's now causing issues with property transfer, there are steps you can take to address the situation. Since the probate... View More

1 Answer | Asked in Real Estate Law for California on
Q: I need a pro bono real estate lawyer urgently to stop the destruction of our fence that stood for over 40 years. Help?

The estate is currently in probate. Our neighbor has torn down half our fence already without my consent. The survey her surveyor made will disrupt the function of our driveway and we will not be able to drive to our garage. It is currently 9 feet and 2 inches wide which already very narrow. We... View More

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answered on Feb 26, 2024

In California, when facing a dispute involving real estate, especially one as urgent as yours with potential for significant property impact, seeking legal assistance promptly is crucial. Since you're looking for pro bono services, you might consider reaching out to local legal aid... View More

1 Answer | Asked in Real Estate Law and Construction Law for California on
Q: How to fight a fraudulent lien from a contractor

We filed against our contractors bond because he abandoned the job and his worked caused an injury and is faulty. He has subsequently filed a bogus mechanics lien and not followed the law for filing it.

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answered on Feb 24, 2024

In California, if you're facing a fraudulent mechanic's lien filed by a contractor, there are specific steps you can take to fight it. First, it's important to gather all relevant documentation, including any contracts, correspondence, and evidence of the work performed (or not... View More

1 Answer | Asked in Bankruptcy, Real Estate Law and Business Law for California on
Q: Is an attorney required in California for an llc bankruptcy to be completed

I have a California real estate llc with many debts and it’s not currently operational due to 3 years of ongoing divorce proceeding in San Diego, CA. Do I need an attorney for any type of llc bankruptcy and how much would it cost?

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answered on Feb 24, 2024

In California, while it's technically possible to file for bankruptcy on your own behalf, including for an LLC, navigating the complexities of bankruptcy law and proceedings usually requires professional legal assistance. This is especially true for businesses such as an LLC, where the... View More

1 Answer | Asked in Family Law, Real Estate Law, Business Law and Civil Litigation for California on
Q: How to Serve a Subpoena (SUBP-001)?

I am planning to serve a SUBP-001 subpoena to an employee at the local YWCA for an upcoming hearing, specifically a Motion to Set Aside the Previous Minute Order. However, when a registered server attempted to serve them, they refused, stating that “their policy does not allow individual... View More

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answered on Feb 22, 2024

In California, when serving a subpoena (SUBP-001), the law requires that it be properly served on the individual named in the subpoena. If an initial attempt to serve a subpoena is refused, using a sheriff or a registered process server is a common and legally recognized method to ensure the... View More

1 Answer | Asked in Elder Law and Real Estate Law for California on
Q: I’m trying to get possession of my real father’s home following his death in 2022

My mother, who passed 2 months after my dad claimed his home and gave it to my half sister and left me entirely out although I lived with my dad and took care of him. He told me I would get his home in conversations. Because of undue influence my mother left it to my half sister who moved in... View More

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answered on Feb 20, 2024

In California, the laws of intestate succession determine heirship in cases where there is no valid will, or a will is contested. If your father did not have a will stating his wishes regarding his property, and your mother claimed the property and then passed it to your half-sister, the situation... View More

1 Answer | Asked in Real Estate Law for California on
Q: I’m on the deed and loan as a co-signer on a house with my mom , she refuses to take me off or refinance ? Help

She does not work , refuses to work , won’t qualify for the home on her own , won’t sell, she’s renting the rooms to pay the house rent , I don’t even live in the home , I don’t know what to do to get out of this situation we are beyond speaking terms. It’s been 7-8 years , we had... View More

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answered on Feb 20, 2024

In California, being on both the deed and the loan of a house ties you legally and financially to the property. If your co-signer, in this case, your mother, refuses to refinance or sell the house, your options may seem limited, especially if she cannot qualify for a loan on her own due to lack of... View More

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