Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... Read 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... Read more »
Do I need to get title insurance on the quit claim deed before conveying the home to another entity?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2023
It is generally advisable to obtain title insurance when selling a property, even if you acquired it through a quit claim deed. Title insurance helps protect both the buyer and seller by providing coverage against any potential issues or defects in the title. It ensures that the property can be... Read more »
Looking to purchase either a lot or home in Kern County and am unsure if the nursery business would be designated as light agriculture or home based business. I just don't want to buy the wrong piece of land and then have to sell it for the business.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 9, 2023
Starting an online plant nursery business can be a great opportunity, but it's important to understand the zoning and regulatory requirements before making any purchases.
In Kern County, the zoning requirements for a plant nursery business can depend on various factors, including the... Read 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... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... Read 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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... Read 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... Read 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... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... Read more »
Also can I be legally fined
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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,... Read more »
Did claim 3 times and were denied. Even with california code 833
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... Read 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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... Read 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... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... Read 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... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... Read more »
I like to collect rocks & minerals on local beaches in California and would like to start selling these on Etsy and my own website. Is that legal? I plan to polish some of the rocks using a tumbler and other polishing equipment and also plan to turn the rocks into jewelry. Some of them I would... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2023
In general, it is legal to sell rocks and minerals that you find on a beach, as long as you have permission to be on the beach and are not removing rocks or minerals from protected areas, such as state or national parks. However, there may be certain restrictions or regulations regarding the... Read more »
Pge has offered up a amended release for her to sign separating the two claims. History: valley fire. road comes in canyon and splits across creek to left and my easement continues straight up right side . At Y of this road is where 30 ft of corner parcel owned by neighbor unwilling to sign... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2023
Here are some general principles that may apply to your situation:
Easements: If your neighbor has an easement over your property, she may have a right to use the portion of the road that runs across her parcel. However, this does not necessarily mean that she has a claim against PG&E... Read more »
HOA is charging $50 per day a unit is rented without HOA consent. The waiting list to rent has not changed for close to ten years or so. CCR has a waiver, but HOA refuses to consider it. Our daughter was born premature and has a respiratory health issue. The complex prohibits smoking in the... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2023
Yes, owners have the right to take their HOA to court if they feel that the HOA has violated their rights or breached their obligations under the governing documents, such as the CC&Rs (covenants, conditions, and restrictions) and bylaws.
In the scenario you described, it seems that the... Read more »
My neighbors didn't want to help with the bill for replacement of fence we ended up paying for all 3 side's. Now one of them want to add a travel trailer access gate connected to my fence they didn't want to pay half for
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023
If you paid for the replacement of the fence on all three sides, it is likely that you own all three sides of the fence outright. However, it is always best to review the property lines and deed to confirm ownership.
As for the request to add a travel trailer access gate, since the gate... Read more »
Another unit owner in the complex currently has his belongings in my detached garage and is claiming ownership because he has a quitclaim deed given to him by the HOA. It shows on my grant deed and title that I am the sole owner and should have exclusive access to the garage unit. How am I Legally... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023
You may want to consult with a real estate attorney in your area to discuss your legal options for removing the other unit owner's belongings. It may be possible to file a lawsuit to have the quitclaim deed declared invalid if it was not legally obtained, or to seek an injunction to prevent... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023
It depends on the specific laws and regulations involved. In California, for example, the State Department of Housing and Community Development has the authority to set minimum standards for the installation and construction of manufactured homes, but local governments are also allowed to enact... Read more »
Property in Los Angeles with unregistered dwelling units is the subject of a habitability complaint that includes a challenge to RSO status. The property is under contract for sale and subject to a conservatorship, where the court has yet to approve the sale. Should a lis pendens be filed by the... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023
In California, a lis pendens is a written notice that is filed with the county recorder's office when a lawsuit is pending involving title to, or possession of, real property. The purpose of a lis pendens is to provide constructive notice of the lawsuit to anyone who may be interested in the... 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.
