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California Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning, Real Estate Law and Civil Rights for California on
Q: My neighbor is selling his home with several building code violations that affect my property.How can I remedy b4 sale?

Neighbor built an oversized wooden shed, where one side of the shed sits directly on our mutual property line. And the shed's canted/sloped roof drains rain water onto my property causing erosion. Shed size does not conform to muni code (too large 16' x 16' vs 10' x 10') and shed should have at... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 12, 2017

You can report such violations to the city, and you might be able to sue as well for trespass and related wrongs. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me,... Read more »

2 Answers | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Q: Do i have to pay my landlords stay in out property we rent? And doni have to pay for his goats water bill?

Tenant also cares for goats.

If land lord stays on the property why foni have to pay for his stay?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 10, 2017

Here are some useful links for you:

CA Tenant Rights: http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

CA Evictions: http://www.dca.ca.gov/publications/landlordbook/evictions.shtml

Security Deposit issues: http://www.courts.ca.gov/1049.htm

Repairs and...
Read more »

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for California on
Q: How can we acquire a strip of yard from our neighbor?

We just bought a home that is fenced on two sides. We want to add about 5 ft on one side to fence in the whole front yard. The neighbor on that side is saying the 4'x 20' strip of grass on OUR SIDE of the fence (that is old and already there) is part of her yard and she will not approve our... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 8, 2017

If there is an easement, that would help. Or you can offer to buy an easement. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and... Read more »

1 Answer | Asked in Criminal Law, Agricultural Law, Environmental and Land Use & Zoning for California on
Q: Can I get a license to grow and harvest marijuana on my farm in Nebraska?

Marijuana was planted for rope and soil health pre WWI. We currently eradicate marijuana with herbicides and grow corn and soybeans. Costco sells hemp seeds from Thailand and paper can be made from the fiber (instead of trees)...what is the possibility of growing legal marijuana on the farm?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 1, 2017

Contact a Nebraska lawyer. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Q: Can my landlord alter the size of my lard without permission or notice?

Our landlord owns the property next to our house as well as ours. He moved our fence 20 feet to make more room for a new development he's building on the lot next to us. He did this without prior notice.

Louis George Fazzi
Louis George Fazzi answered on May 27, 2017

There's some information missing here. Do you have a lease? Rental agreement? Either way, what property are you renting/leasing? Does your agreement define the total square footage of your tenancy? If you're only renting a house on a piece of property, rather than the house and yard etc. which is... Read more »

2 Answers | Asked in Land Use & Zoning and Real Estate Law for California on
Q: I live in Tiburon,CA. I have a Driveway and Swimming Pool easement with my neighbor. I own the Swimming Pool.

The driveway has no curb,has failed with sizeable cracks & potholes on the concrete surface.There is a 6 panel glass partition on their property that provides fencing for the Pool.One partition panel is without glass,leaving the pool unfenced.The property is rented to vacation renters.I have sent... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman answered on May 24, 2017

1. Believe them, live with the conditions, have a nice summer. 2. If suggestion number 1 is not acceptable, have a consultation with a real estate attorney regarding possible options; and be prepared to spend some money for repairs.

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1 Answer | Asked in Entertainment / Sports, Land Use & Zoning and Municipal Law for California on
Q: 1. I'm a musician. Do I need a (police) 'permit' to sell tickets and play live gigs in my California apartment?

I'm a musician. I play live solo acoustic guitar some evenings in my apartment for friends and friends of friends etc. All my sets are cover songs from various artists. I receive many requests that differ on each evening of course. Each guest usually contributes between $10 - $20. Some evenings I... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 16, 2017

You may be violating your lease, zoning, and/or licensing laws relating to music venues. You may need contracts with the additional musicians. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read... Read more »

2 Answers | Asked in Animal / Dog Law, Civil Rights, Land Use & Zoning and Landlord - Tenant for California on
Q: I've had my pitbull dog since 12/22/16, management told me that they are banned. What if I get him ESA certified?

I adopted my dog Derek on 12/22/16. We live in a mobile home park, all of the groundskeepers have seen him. On 04/0317, I was approached, while walking Derek, by management. She told me that pit bulls were allowed and that I would have to get rid of it. I'm about to go to counseling and hopefully... Read more »

Louis George Fazzi
Louis George Fazzi answered on Apr 7, 2017

Hopefully you have the dog licensed in the city where you reside. Whether you do or not, you can call your local animal control department to determine whether there is an ordinance prohibiting the ownership of pit bulls. Even if there is, you need to further determine whether your dog qualifies... Read more »

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: In California, our neighbor has an easement on our property which says "An easement for well purposes located within

an existing well site in the southwesterly portion of Parcel 2, of said Parcel Map hereinbefore mentioned." It dates back to the 1974 landowner's parcel map. In 2008, that property was a rental, and was vacated by tenant.The electrical hookup and pipes to the well were disconnected when he... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 27, 2017

This is a great question and unsuitable for analysis in this Q&A forum. Hire a lawyer to review the related documents. See: http://law.justia.com/codes/california/2010/civ/887.010-887.090.html

More details are necessary to provide a professional analysis of your issue. The best first step...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Hello, I have a neighbors "Monterey Pine" tree encroaching on my property that is hanging on my telephone and cable

line. She refuses to cut the tree branches. Att and PgnE will not cut the offending branches. What should I do?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 24, 2017

The owner of the tree may be responsible to maintain it. If you spend money to cut it, you might be able to seek repayment from the neighbor in small claims court. See: http://articles.latimes.com/1991-09-22/realestate/re-3968_1_tree-owner

More details are necessary to provide a...
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1 Answer | Asked in Land Use & Zoning, Landlord - Tenant, Legal Malpractice and Real Estate Law for California on
Q: Good day. My question is regarding the landlords responsibility to deal with a tenant that is harrasing another tenant.

Originally our ossue with another tenant was that they would accuse us of stealing there things and of stepping in their boundary in the back yard. They have a tent in the backyard that takes up a whole side of the backyard and they claim that area is off limits. Unfortunately for us to access the... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 22, 2017

Your landlord is legally required to ensure your right to quiet enjoyment, as such is implied in any residential rental agreement. This means your landlord must ensure that the other tenants are not violating such rights. You can remind your landlord about this duty. Otherwise, you can sue. You can... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Should we settle or fight an imminent domain case?

3 acres taken for imminent domain.

property was bought about 15+ years ago to make a gas station. permits and plans made but due to recession and water shortage no gas station was built.

for highway expansion the land that would be taken cuts into the plans made for the gas station... Read more »

Ben F Meek III
Ben F Meek III answered on Feb 20, 2017

Negotiate first, then fight, if the valuations are too low. Consult one or more experienced real estate lawyers with experience litigating eminent domain cases. They can advise about what to expect. Then you'll be better able to decide how to proceed. The contemnor rarely offers a real value on the... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for California on
Q: I thought I was all set with permits to build an addition to my house but my neighbors are blocking it.

What can I do now?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 18, 2017

You can file a response to your neighbors objections with the city or county where the objections are filed. The governmental administrator in charge of your case will review the matter and make a decision. You will be then given the opportunity to appeal or even file a complaint, if applicable.... Read more »

1 Answer | Asked in Gov & Administrative Law and Land Use & Zoning for California on
Q: can the local government tell me where I can park my vehicles on my own property in an unincorparated part of the county

I have 3 cars a work car, and then my 2 cars that are all registered and insured

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 18, 2017

It depends on whether there is any agreement between the county and the local government issuing you these citations about their policing duties and jurisdictional reach. If not, you may be able to defend yourself with a jurisdictional argument. More details are necessary to provide a professional... Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for California on
Q: Can I rent the bar of house separately from main unit?

The bar+bedroom+bathroom are in the daylight basement of the main house and are walled off. They have its own entrance but only a "sort of" kitchen: sink, dishwasher, under counter fridge, freezer, wine fridge, 2 burner induction cooktop, hood fan and toaster oven, but no 220V appliances like a... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 12, 2017

It sounds like you want to rent a room in your house, which does not sound like a problem. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Can utility, cable and phone lines run across my property? Cable and phone lines laying on my roof are ruining areas

I purchased a home 3 years ago and had a new roof installed last year. Utility, cable and phone lines cross my property. The phone and cable lines lay on my roof in areas and are ruining a new roof where they rub. Shingles have been dislodged. Is this legal? What can I do to get it fixed before my... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 8, 2017

Is there an easement granted and recorded for such access directly across your property? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... Read more »

1 Answer | Asked in Land Use & Zoning and Municipal Law for California on
Q: I live in unincorporated area of riverside county,what authority has a code enforcer on my property

they want my property look clean and beautiful theirs nothing dangerous I have 1/3 ancre supervisor wants to overlap us with city of perris we live in Mead Valley California look were it says I live ???

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 7, 2017

The county laws should apply to your property. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications... Read more »

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Q: my apt building was supposed to be redeveloped by city and two owners it was not,one owner wants tenants to leave,

but the other owner of this property says we can stay.the other owner used a property mgmt co.to serve us all with sixty day notices to term our leases but we all never had leases with him of his prop. mgmt co.anyway city here and these two owners had contract from 2011-2016 to redevelop this... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 6, 2017

I see no basis for emotional distress damages. Since you're tenants, standing may be a hurdle to a lawsuit. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... Read more »

1 Answer | Asked in Land Use & Zoning for California on
Q: Of what use are land parcels, which are too small for their zoning?

I'm looking for a vacant lot near Los Angeles on which to build a tiny home. I see several lots for sale which appear to be too small for their zoning. Example: A 5600 sq ft lot zoned RE40. RE40 requires minimum 40,000 sq ft. Another example: A 10000 sq ft parcel zoned A1. A1 requires minimum... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 5, 2017

That's a question for the imagination. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my... Read more »

1 Answer | Asked in Land Use & Zoning, Lemon Law and Real Estate Law for California on
Q: Buying house with a structure without permit. What are my options?

I purchased my house for almost 9 years. The patio needed to be maintained and I received the notice from city said that the patio was built without a permit and asked to obtain a permit or demolition the structure. What should I do?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 31, 2017

If you bought the house with an illegal structure on it, then you're responsible to make it comply with related construction and licensing codes. You may face statute of limitations problems and related due diligence obstacles if your intent is to sue the original seller of the house for disclosure... Read more »

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