New owner #4 in 2021 tore down this fence and replaced it with a new fence as part of his major remodel. What costs and damages can I recover?
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answered on Sep 20, 2023
Under California law, you may potentially recover the costs and damages associated with the replacement of the fence if you can demonstrate that the new owner's actions constituted a wrongful removal or destruction of your property interest. You may also seek compensation for any decrease in... View More 
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answered on Sep 19, 2023
In California, the rights and obligations of easement owners and property owners can vary depending on the terms of the easement agreement, local ordinances, and case law. Generally, an easement owner may have the right to perform maintenance on the easement, but this should be done in a way that... View More
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answered on Sep 19, 2023
Under California law, an easement owner is generally not required to notify the real property owner before performing maintenance, including using heavy equipment, unless the terms of the easement explicitly specify such notification requirements. However, it is advisable for the parties involved... View More
We share some property but neither of us are sure what belongs to who. I'm reaching out to a surveyor to ascertain this but he seems to just continue with his renovations and I'm just wondering if his renovations fall within our property if we're legally obligated to pay him even tho... View More
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answered on Sep 13, 2023
Under California law, you are generally not obligated to reimburse your neighbor for renovations done on your property without your permission. To protect your rights, it is advisable to clearly communicate your boundaries and your lack of consent to your neighbor in writing. You are taking the... View More
They are renting the house and it bothers many of us. Not because it’s a gay flag but because it’s tacky and faded and devalues our street.
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answered on Aug 27, 2023
Under California law, homeowners generally have the right to display non-commercial flags on their property, including rainbow flags, as a form of free expression. While concerns about aesthetics or property value may exist, as long as the flag doesn't violate any homeowners' association... View More
I reside in my large motorhome at an outdoor construction equipment/big rig storage facility. The previous owners allowed me to work in lieu of paying rent. I was permitted to be continuously hooked up to electricity, water and sewer access. There is also another resident that lives on-site in... View More
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answered on Aug 15, 2023
In California, the terms of existing leases and agreements generally transfer to new property owners, including provisions related to utilities. If there were agreements in place that provided for utilities access, the new owners may be obligated to uphold those agreements. Consult an attorney to... View More
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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
I am fighting for my fourth generation family home, which is currently in the fiduciary hands of my late father’s wife. They were living separately but not legally separated at the time of his death. He did not have a will or any money at time of death, so the property is potentially being sold... View More
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answered on Aug 10, 2023
Scattering ashes on private property does not generally establish it as a cemetery under California law. While laying family members to rest on generational property can hold sentimental value, it is unlikely to have a direct legal impact on property ownership or the fiduciary arrangement.... 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
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
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
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
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?
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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... 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
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.
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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... 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
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
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