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California Land Use & Zoning Questions & Answers
1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Land Use & Zoning for California on
Q: Had a warrant 2021 for cultivateing was charged a misdemeanor and fined $60,000 that setted for $16,000 put lien on prop

Property for having 325 plants had two permits for up to 99 plants they confesscated all plants

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answered on Oct 21, 2023

If you had two permits allowing for the cultivation of up to 99 plants each but were found cultivating 325 plants, you exceeded the allowable amount by 127 plants. This excess could be the reason for your misdemeanor charge and the associated fines.

The confiscation of all plants,...
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1 Answer | Asked in Real Estate Law, Construction Law, Land Use & Zoning and Municipal Law for California on
Q: Do unpermitted units (no occupancy release) that were rented out before need to be replaced under CA SB330?

I own a legal duplex (in the title) that has 2 unpermitted units. One of the previous owners created those 2 unpermitted units from one of the duplex's interiors a long long time ago and rented them out. The previous owner (the one who sold the property to me) went through tenant relocation... View More

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answered on Oct 15, 2023

California's SB 330, also known as the Housing Crisis Act of 2019, aims to expedite housing production and prevent the loss of existing housing stock. Under SB 330, local agencies are restricted from reducing the number of housing units on a property, even if some units are unpermitted.... View More

1 Answer | Asked in Land Use & Zoning and Municipal Law for California on
Q: I have a commercial building with permitted use as office space. Can it be rented out for meetings, birthdays?

Are there code enforcement fines if is not considered correct use?

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answered on Oct 14, 2023

In California, the specific permitted uses of a commercial building are generally determined by local zoning ordinances and the Certificate of Occupancy issued for the building. If your building's permitted use is "office space," using it for meetings would typically be consistent... View More

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Q: I lived on property for eight years. The man I rented from , is now dead but I found out he didn't own the land I lived

on. I payed rent for 8 years , and he wasn't the real property owner. So after he died , the family wanted to sell the property I was renting and tried evicting me off of the property but like I said , it wasn't his property to begin with. The property I rented was right next door to the... View More

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answered on Oct 12, 2023

In California, if you've been paying rent to someone who was not the actual property owner, it complicates your tenancy. The true owner, or their heirs, generally have the right to evict occupants who don't have a valid lease with them. However, given the length of your occupancy and... View More

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning and Municipal Law for California on
Q: Citations were imposed on property i mantained & paid taxes on since 2015 .Jan2023 case 10,000 pro bono lawyer needed

Citations were imposed on property i have mantained & paid taxes on since 2015 . On Jan2023 case was initiated by complaint by neighbor stating living in rv . Code inspector began notice to abate & has cited every 10 days without fail eventhough i asked & he sgreed to give me time to... View More

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answered on Oct 10, 2023

If you've maintained and paid taxes on the property since 2015, you may have grounds to assert a claim for adverse possession provided other specific requirements are met. Adverse possession in California requires open, notorious, continuous, hostile, and exclusive possession for a period of... View More

1 Answer | Asked in Contracts, Land Use & Zoning, Real Estate Law and Landlord - Tenant for California on
Q: Is a rental contract legally binding if the unit it is for is an illegal dwelling/not properly permitted?

Unit is located in UNINCORPORATED part of LA County, there is an order from Regional Planning requiring unit to be vacated due to: One or more unpermitted dwelling units are being maintained on the premises (Los Angeles County Zoning Code: 22.02.030(B); 22.18.020; 22.18.030(A); 22.18.030(B);... View More

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answered on Oct 9, 2023

In California, a rental contract for an illegal dwelling or unpermitted unit can present complexities. While the rental contract itself may be a legally binding agreement between the parties, its enforceability could be limited or affected by the unit's illegality. If a unit is illegal or not... View More

1 Answer | Asked in Land Use & Zoning for California on
Q: My CA parcel has the only fence within 3 blocks. Since 1967 I have had sole maintenance and repair.

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

2 Answers | Asked in Land Use & Zoning for California on
Q: Is an easement owner required to notify the real property owner before they do maintainance (w/ heavy equip)
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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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2 Answers | Asked in Land Use & Zoning for California on
Q: Is an easement owner required to notify the real property owner before they do maintainance (w/ heavy equip)
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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

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Am I obligated to pay my neighbor for his renovations to property that's mine even if I didn't give permission?

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

3 Answers | Asked in Land Use & Zoning for California on
Q: Can my neighbor legally hang a 3’x5 rainbow flag from his tree branch in his front yard? It’s been there for a year.

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

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Outdoor storage property sold w/out any notification from owners. Utilities off 3+ weeks. New owner refuses to turn on

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

1 Answer | Asked in Landlord - Tenant, Land Use & Zoning and Municipal Law for California on
Q: can my tenant run a business out of the apartment
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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

1 Answer | Asked in Land Use & Zoning, Real Estate Law, Family Law and Probate for California on
Q: Does scattering ashes on private property in California mean it can be labeled as a cemetery?

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

1 Answer | Asked in Land Use & Zoning and Municipal Law for California on
Q: Is the Redevelopment City of Pomona CA. Give me a notice before blocking my private entrance to my property?
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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...
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Q: How would the new bill Govenor Newsom signed for Waterfowl effect our property if Mallard ducklings did damage to our p

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

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Am I asking too much to protect myself from potential damages by my neighbors contractor?

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

1 Answer | Asked in Real Estate Law, Tax Law, Land Use & Zoning and Landlord - Tenant for California on
Q: If a property, with one APN, has 5 separate single-family homes on it, is that considered 'commercial' property?

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

1 Answer | Asked in Construction Law, Land Use & Zoning and Real Estate Law for California on
Q: How much time does our neighbor legally have to finish the construction of the common wall between us?

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

1 Answer | Asked in Animal / Dog Law, Land Use & Zoning and Municipal Law for California on
Q: HOA decided to open dog park in close proximity(less then 50 feet) to my unit. Do I have any legal base to remove park?
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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

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