Lawyers, Answer Questions  & Get Points Log In
California Land Use & Zoning Questions & Answers
1 Answer | Asked in Civil Rights, Collections, Election Law and Land Use & Zoning for California on
Q: 1) Hello. Is it legal for a poa/hoa board to elect themselves as members of the board without an election? If there's

2) supposed to be an election to vote for a member by the residents?

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

Please see my responses to your several other questions about the same thing. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Civil Rights, Constitutional Law, Elder Law and Land Use & Zoning for California on
Q: What type of attorney do I need? City code inforce, city appointed reciever took my home kept all equity? What type of l

I'm 68 retired us veteran city took my home using code inforcement. Then court appt reciever

Louis George Fazzi
Louis George Fazzi
answered on Aug 19, 2022

You should look for a lawyer with experience handling both elder abuse claims and civil rights cases. You might also contact the local ACLU office and ask for their help.

Do not delay because every moment counts.

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for California on
Q: There's are people on my boyfriends property /land who he wants off , his father deeded him this property.

There's no contract or agreement..

Yelena Gurevich
Yelena Gurevich
answered on Jun 22, 2022

He need to hire an eviction attorney.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: I need to get a copy of ownership for the land that i already own i lost my paperwork

I need to get the addresses of the property that i own

Jonathan Purcell
Jonathan Purcell
answered on Jun 15, 2022

You might search for your properties:

in person at the county property collector,

online through the internet, or

with the help of an individual.

1 Answer | Asked in Estate Planning, Real Estate Law, Land Use & Zoning and Probate for California on
Q: What would you recommend in the following situation:

The property ( Vacant Land Lot value under $30,000) has a few owners.

One of them has the property under Living Trust, he is passed away.

This person doesn't have a wife or children.

We can not get Trust documents of his Living Trust.

What would you recommend... Read more »

Julie King
Julie King
answered on Apr 27, 2022

Unfortunately, you can't just give away property that belongs to someone else. Even if you tried, the County would never accept a Grant Deed that was signed by someone who is not authorized to give away the property.

When someone passes away and has a trust, the trust will say who...
Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: How do I get rid of an easement that goes through both mine and neighbors properties? I want to separate properties

We bought home in December and easement was stated in our paperwork. The neighbor has prior history of harassing previous owners and we thought we would be different by trying to create friendship but this is not the case. She is now harassing my son. How do I null this easement and create a drive... Read more »

James A. Greer
James A. Greer
answered on Apr 18, 2022

Dear Easement Issue Owner: This issue is too "heady" for a brief reply on this forum. While we have MANY qualified attorneys whom participate in the JUSTIA system, I don't think any of us can make a thoughtful response to this issue without MUCH MORE information/documents/history.... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for California on
Q: My husband and first wife bought land with another couple. They have not paid their share. Can we get the land titled

In our name only? They have not paid their half share of the purchase nor taxes since the early 80’s. I want full title so I can sell it. Currently not worth what we have paid in taxes over the years. What can we do.

Yelena Gurevich
Yelena Gurevich
answered on Mar 29, 2022

you can ask them to relinquish their interest to you and if they dont then you can file a partition action and have the court order the property sold and funds distributed based on contributions and payments towards the property.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Estate Planning for California on
Q: If I never filed for a prescriptive easement in california, before a recent change in ownership was made, is it too late

My Neighbor of 20+years I've learned has recently transferred title of his property via quite claim, to another neighbor, but part of his property hasn't been used by the previous owner, but rather fenced off completely no gate no signs nothing, never ! As long as I can remember. And i... Read more »

Howard E. Kane
PREMIUM
Howard E. Kane
answered on Feb 21, 2022

I am not sure that you will prevail on a prescriptive easement claim. A prescriptive easement allows a trespasser to acquire the right to use the land of another without paying for it. To acquire a prescriptive easement over another's land, the following elements must be met (Felgenhauer v.... Read more »

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Civil Rights and Land Use & Zoning for California on
Q: Is there anything i can do a night before the writ of possession is executed by the sheriff tomorrow?

I have the grant deed to my property and i have failed to make it to court, the papers i was given had incorrect spelling of my name and the plaintiffs name was not even the person involved in the case so i thought they were a hoax but the sherrif showed up saying i have 5 days and tomorrow being... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Oct 20, 2021

You need a lawyer.

You should have asked this question a month ago.

Now it is too late to do anything but be prepared to leave and take as many of your belongings that you can take with you. But you still need a lawyer. Look up the Orange County Bar Association's website and...
Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for California on
Q: We live on a private road I put a fence along the road in 2002. Neighbor wants me to move the fence. what are my options

private road in a community with an hoa that does not collect dues or enforce ccr's, road has a not a county maintained road sign on it. Fence went up in 2002 and the posts have not been moved since along with landscaping and improvements retaining walls and concrete.

James A. Greer
James A. Greer
answered on Aug 31, 2021

Dear HOA Member: My best recommendation in these situations is to obtain the names and email addresses of all the members of the HOA. Then notify them that you would like to call a Special Meeting (or, alternatively, ask the Board to call a Special Meeting if a Board is in place). The agenda for... Read more »

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Q: Is a formal eviction necessary to be removed from a motorhome being stored on a commercial property.

Would the eviction process be used to remove tenants from unlawful residency..?

If code enforcement were involved would it be necessary for them to evict tenants..?

Alexander C. Safarian
Alexander C. Safarian
answered on Jul 10, 2021

We need more facts to give you a certain answer but it is likely that you will need to file an unlawful or forcible detainer action to remove the dwelling if it is occupied as a residence.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: neighbor issue

Weeds were growing in a drainage ditch; seeds from the weeds invaded the neighboring property and those owners brought an action to abate them as a nuisance. Must the owner of the drainage ditch remove the weeds?

William Stanger
PREMIUM
William Stanger
answered on May 11, 2021

Nuisance claims require that a plaintiff prove the defendant acted (or failed to act) unreasonably, and as a result the plaintiff suffered some kind of harm/annoyance or interference with the use and enjoyment of their property, and that an ordinary person would be annoyed or disturbed by... Read more »

1 Answer | Asked in Business Law, Contracts, Land Use & Zoning, Real Estate Law and Tax Law for California on
Q: My friend is interested in donating a piece of land to my nonprofit organization. How would we go about this?

Would he receive any benefits from this, tax write offs etc? Also he owes taxes on the property, I am willing to pay those off to make this happen. I plan to use this as a nonprofit headquarters, Art/Yoga/Event Space. Its already zoned for 4 residential structures

Robert Philip Cogan
Robert Philip Cogan
answered on Apr 20, 2021

Real estate transfers and planning for the tax consequences are never do-it-yourself tasks. Tax benefits cannot be calculated without information about the property and the taxpayer. You say that you want a nonprofit HQ in a space zoned for residences. This by itself should be a red flag. If you do... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law and Land Use & Zoning for California on
Q: Hi We live in Saratoga, CA and are having problems with our neighbors across the street.

The neighbors put up bright lights on the front door, gates etc and the glare is coming into our kitchen and front bedrooms. We tried to talk to them and requested to use softer lights or direct back toward their house but they refused to talk. We went to the city, but the code does not have any... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 12, 2021

IF THIS: "We went to the city, but the code does not have any light-trespassing/pollution laws"

is true, it may be tough to sue them? Perhaps you can find a way to limit that intrusion?

Higher hedges? Some shades?

2 Answers | Asked in Criminal Law and Land Use & Zoning for California on
Q: Can I enter a park against mandatory county time rules if they don’t specify time zone on the official page.

Sacramento/ranch county parks website states that no one can access/trespass on park property past 10pm to 6am. That’s quoted on their official page. Nowhere in that sentence or anywhere else do they state a time zone. Somewhat of a ridiculous unimportant question, unless you’re a libertarian.... Read more »

David Michael Lehr
PREMIUM
David Michael Lehr
answered on Feb 9, 2021

Yes you can be fined. The time zone is obviously the time zone where the park is located.

View More Answers

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: We bought a condo but the downstairs neighbors blast their bass. The seller never disclosed this. What can we do?

We just bought a condo and prior to placing an offer, we asked the seller's agent who were the neighbors downstairs and if it was quiet. He said yes it's quiet and didn't know who was downstairs. Turns out the neighbors are musicians and have a studio set up where they record... Read more »

John T. Kontrabecki
John T. Kontrabecki
answered on Dec 12, 2020

File a complaint with you Home Owners Association and demand that the Association stop it. Make it the Association’s problem to solve.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Landlord - Tenant for California on
Q: Can someone who owns a Big property, with many code violations , reel many volunteers on a lie and make them fix it?

This lady owns about 45 acres and rents the houses on it to about 3 tenants. She also rents its it out to campers on the weekends. But the property has many housing code violations. She uses volunteer websites and sells this place as a “free meditation experience, with monks who can teach you... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Dec 1, 2020

Volunteers by definition are people who do something without the expectation of payment or receiving something in return. It is the choice of the volunteer to volunteer or not. A volunteer can always leave and hence has no real damages. Lying in and of itself is not generally a violation of law... Read more »

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for California on
Q: My mother-in-law owns land with her house on it. One daughter has a mobile home on her property that's not livable and

It has been on my mother-in-law's land for over 20 years. My mother-in-law's other daughter has two vehicles that is rusted and doesn't work; been on her property for over 14 years. My mother-in-law has expressed that she doesn't want the mobile home or vehicles on her property... Read more »

Maurice Mandel II
Maurice Mandel II
answered on Oct 28, 2020

Contact the local PD to report these vehicles as abandoned property and ask for advice about disposal and notification to owners of the property. I think you usually have to give 30-90 days notice then you can call a company to come out and remove them as salvage. There may be a company that will... Read more »

1 Answer | Asked in Contracts, Business Formation, Land Use & Zoning and Landlord - Tenant for California on
Q: I am looking to purchase a small business auto repair shop, primarily to get the lease for the location. Is it possible

Ideally I do not want to purchase the business name etc I will change it to a smog check station. Also if you can go over the lease it would be great.

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Oct 25, 2020

Yes, what you are requesting is possible ... and, as you might imagine, there are a number of other issues to consider. I would recommend that you schedule a few initial free consultations, by video call or telephone call, with two or three different attorneys ... Shawn Jackson - Business... Read more »

1 Answer | Asked in Land Use & Zoning for California on
Q: What is stopping me from sharing about a private nuisance issue on social media.

Neighbors are illegally dismantling autos and trucks day and night. And we are trapped with loud drive by's of people helping to hide dismantling sound. Would I get in trouble if I share these facts on social media???

Maurice Mandel II
Maurice Mandel II
answered on Oct 24, 2020

Wow, Shingle Springs and San Raphael are having major outbreaks of bootleg auto dismantlers operating under zoning variances in residential neighborhoods. You need to hire a Land Use attorney to look into getting you an injunction against this, because this is the 4th post on this subject. As for... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.