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I have a quick legal question and would like your opinion. We live in Fallbrook, CA with big lots and open space but a fire zone. Unfortunately, we need to be on propane tank system. The tank is below SDGE electrical lines. Last November they mailed a letter saying it needs to be moved. I’m fine... View More 
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answered on Jul 22, 2024
Under California law, the responsibility for moving the propane tank generally depends on the terms of the easement and the specific circumstances surrounding the installation of the tank and the power lines. Since the tank was originally installed in the 1970s and possibly replaced in 2003, it is... View More
Health Issues: We have documented PTSD, anxiety, and depression, worsened by our living conditions.Persistent Problems: Ongoing pest infestations, leaks, noise, and unauthorized entries, despite complaints.Retaliation: Management has retaliated against us for raising issues and ignored... View More
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answered on May 28, 2024
In California, tenants have significant rights when it comes to habitability and fair housing. Here are some key points relevant to your situation:
Habitability:
- Landlords must maintain rental units in a habitable condition, which includes addressing pest infestations, leaks, and... View More
We have taken pics and sent emails to the HOA. All I'm told is that they escalated the problem. She just got a ticket. I called a tow number listed on the property and was told they could not tow her because it's not a red fire lane and they can get in trouble. Now the tow company said... View More
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answered on May 21, 2024
Based on the information you've provided, it seems that you have a valid concern and your neighbor's actions are causing significant inconvenience and distress. Under California law, you may have grounds for a legal claim against your neighbor and possibly your HOA. Here are a few points... View More
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answered on May 7, 2024
If you have received an FDIC certificate for BMO Bank National Association (Cert #16571), it means that your deposits with this bank are insured by the Federal Deposit Insurance Corporation (FDIC) up to the maximum amount allowed by law, which is currently $250,000 per depositor, per insured bank,... View More
From what I’ve been reading, it sounds like she can have the roots on her side be cut if an arborist says it won’t damage my tree’s health which I would be fine with.
If an arborist determined cutting those roots would end up killing my tree, I would also be okay with the neighbor... View More
answered on Apr 28, 2024
Thank you for asking the question!
1. Who owns the tree? The owner of the tree is the landowner which the trunk of the tree is located on.
2. Who has the liability for the trees encroachment? There is an absolute liability on the owner of the tree to remove portions of his trees... View More
From what I’ve been reading, it sounds like she can have the roots on her side be cut if an arborist says it won’t damage my tree’s health which I would be fine with.
If an arborist determined cutting those roots would end up killing my tree, I would also be okay with the neighbor... View More
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answered on Apr 17, 2024
In California, tree owners have certain responsibilities when it comes to damage caused by their trees, including root damage to neighboring properties. However, the specific circumstances of each case determine the legal outcome.
Here are a few key points to consider:
1. Reasonable... View More
Our property is a 100 year bald cypress-Tupelo wetland. They want to clear cut 2 acres of timber. The compensation offered by Entergy was a small percentage of total land value with out timber. Entergy is required to purchase Mitigation credits to move there project forward.
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answered on Apr 4, 2024
Under California law, utility companies like Entergy are generally required to provide just compensation to landowners when they acquire property rights, such as easements, for the installation of power lines and related infrastructure. This includes compensating landowners for any damages to their... View More
A huge 250' redwood tree is leaning towards falling on my house. I have tried contacting the owner via mail, email, and phone. The RE agent who sold the parcel has also tried. But the owner is not responding, yet he is applying for a variance permit on the parcel, so he is still active. I... View More
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answered on Mar 30, 2024
Under California law, when you encounter a hazardous condition on someone else's property, such as a potentially dangerous tree, the first step is usually to make a reasonable attempt to notify the property owner of the hazard. It seems you've already done this through various means... View More
We feel he has forcibly blocked off the easement to show it’s been abandoned to ultimately shut it down altogether yet it would restrict our access to our property
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answered on Mar 24, 2024
Under California law, blocking off a deeded easement without legal justification or the consent of all parties who hold rights to it is generally not permitted. Easements are created to ensure access or other rights to property owners, and any attempt to unilaterally modify, obstruct, or terminate... View More
Could a lease be signed in affect with out legal rights being passed. The lease was for the USA government
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answered on Mar 22, 2024
Under federal regulations concerning Native American trust land, the management and leasing of such land for minors (those under 18) typically require the oversight and approval of a guardian or trustee. This is because minors are considered incapable of entering into binding contracts, including... View More
I bought four years ago a 4 acres of land without any easement on the title. There is a pole in the center of the land with transformer and a hight voltage line crossing my lot and it belongs to Southern California Edison.
Edison wants to charge me $30,000.00 to move the pole. This is a... View More
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answered on Mar 7, 2024
Under California law, utilities like Southern California Edison generally have the right to install and maintain their infrastructure on private properties through easements or utility rights-of-way. However, if there was no easement recorded on your property title at the time of purchase, this... View More
I'm stuck on the issue of maintenance responsibilities for the view fences/walls located in the back of homes that are located between a private lot and an Association common area lot. Party walls are located between two private lots, not on the Association common area. Based on everything I... View More
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answered on Mar 7, 2024
In California, the responsibility for maintaining fences or walls between a private lot and an HOA common area is typically determined by the HOA's governing documents, such as the CC&Rs (Covenants, Conditions, and Restrictions), bylaws, and any other applicable rules and regulations.... View More
He told us he can selll at additional 12k that he new we bout expensive already and started a land line division but it’s bn a year this month and boy sure what’s going on he threatened me that he can pay us 500 to cut off lights on patio if worst case also he is mad cause we don’t have... View More
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answered on Mar 6, 2024
In California, if you've built a patio on land that turns out to belong to someone else, it's important to address the issue promptly to protect your investment and rights. The first step is to consult with a real estate attorney who can help you navigate the complexities of property law.... View More
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
When we evacuated we had to hike out across a raging river and had to leave our vehicle. We could not purchase any items without road acess.
Was our home considered uninhabitable?
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answered on Feb 28, 2024
Under California law, the term "uninhabitable" refers to a living condition that fails to meet basic safety, health, and structural standards set by state and local housing codes. Given the severe circumstances you've described, where your road was washed away, leaving you without... View More
Nothing of the existing structure was visible from my house. It had been this way since I bought my house in 1998. It is in the framing process now. Not sure about roofline. It is already effecting the best part of my ocean view. We are on opposite sides of a freeway. Not sure if I should have been... View More
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answered on Feb 21, 2024
Based on the information provided, it is likely legal for your neighbor to tear down their existing single-story home and build a new two-story home, even if it impacts your ocean view. However, there are a few things to explore that may provide some recourse:
- Check if there are any local... View More
No septic or sewer and it's very very run down
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answered on Jan 26, 2024
In California, landlords are required to provide rental properties that meet basic habitability standards. This includes having proper sanitation facilities, such as a septic system or connection to a sewer, and ensuring the property is safe and maintained in a condition fit for occupancy.... View More
I am about to purchase a property that has been in the hot spring valley water district for so long it has riparian water rights thay are telling me that they re maped the district and that property is not in the district any more
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answered on Jan 20, 2024
Under California law, water districts, like the Hot Spring Valley Water District, have the authority to adjust their boundaries. This can include annexing or excluding certain parcels from the district. However, such changes usually require a formal process, including a review by the Local Agency... View More
Code enforcement officers showed up unannounced recently, & proceeded to walk around the property asking questions and taking pictures. They were unprofessional and disrespectful, & making sarcastic comments. A few days later the owner of the property received citations for some... View More
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answered on Jan 16, 2024
In California, the validity of a code enforcement citation with incorrect code numbers can be a matter of legal interpretation. Generally, a minor clerical error, like a missing digit in a code number, does not automatically invalidate a citation. However, if the error prevents you from... View More
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
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