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California Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Can my neighbor get an easement on my property if I let them use our driveway for access and parking occasionally?

In winter our neighbor can not get up his own driveway because of ice ( it is too steep). We have a large paved driveway that is connected to theirs. We have been letting them drive up our driveway in winter and sometimes park on our side. We also allow him to use some of our land for snow storage... View More

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answered on Jan 5, 2024

Under California law, your neighbor could potentially claim an easement by prescription on your property. This requires the use of your land to be open, notorious, continuous, and hostile for a period of five years. However, since you have permitted this use, it is not considered hostile, which is... View More

1 Answer | Asked in Civil Litigation, Construction Law, Contracts and Land Use & Zoning for California on
Q: how do i file a breeh of contract an demand for payment and lean on sed real property forth with .

a non lycenced contractor /bilder went into a writin contract with a home ower ,secured full payment, for work and materearls, and then no call no show by due date of sead work .

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answered on Jan 1, 2024

In California, if you're facing a situation where a contractor has breached a contract and failed to perform the agreed-upon work, you have several legal options. First, you should consider sending a formal demand letter to the contractor, outlining the breach and requesting the fulfillment of... View More

1 Answer | Asked in Land Use & Zoning, Municipal Law and Real Estate Law for California on
Q: Needing to understand the effect of part of a Municipal Zoning Ordinance, California.

"but excluding the last sentence of subsection 10.40.070.D.E, subsections 10.40.120.A.3.e and f, subsection 10.40.130.H and subsection 10.40.140.E.1.b which are not applicable" My question concerns the first part "10.40.070.D.E" There is NO subsection E of D. It is 99%... View More

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answered on Dec 26, 2023

Under California law, when interpreting a municipal zoning ordinance, the clarity and precision of the language used is key. If a part of the ordinance, such as "10.40.070.D.E", appears to contain a typographical error, it can create uncertainty in its application and enforcement.... View More

3 Answers | Asked in Civil Rights, Identity Theft and Land Use & Zoning for California on
Q: can schools gather car information such as insurance, registration and drivers license for a parking permit

The public high school wants to get out car information for us to park in there student parking lot.

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answered on Dec 18, 2023

In California, public high schools often have policies requiring students to provide certain car information, such as insurance, registration, and driver's license details, to obtain a parking permit. This practice is typically part of the school's efforts to ensure safety and proper... View More

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1 Answer | Asked in Land Use & Zoning and Civil Litigation for California on
Q: Neighbor put fence on my property. Who owner of this fence? I did not give permission. Took down my fence .

No written notice. Wants put in jail if I remove it. I say my property, deed my name.

Told I have to go to court to prove it is on my property even tho the property disc is there. Tks.

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answered on Dec 17, 2023

In California, if your neighbor has constructed a fence on your property without permission, this can be a case of encroachment. Legally, the fence built by your neighbor on your property is considered their property. However, since it's on your land without consent, you have rights that need... View More

2 Answers | Asked in Land Use & Zoning, Personal Injury, Municipal Law and Small Claims for California on
Q: Septic runoff major issue. 2 properties not including mine.

Sometime this year the apartments(8unit) up the alley had a septic issue and they let their entire waste water runoff into the alley and onto my property and just pretended like it didn't happen, for 3 days. My yard still smells because of it. Furthermore the apartment one closer to mine, (10... View More

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answered on Dec 3, 2023

In California, dealing with septic runoff and property damage caused by neighboring properties is a serious matter. First, document the damage and the runoff, including photos and any other evidence of the septic issue and the altered water flow causing damage. This documentation is crucial for any... View More

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2 Answers | Asked in Real Estate Law, Tax Law and Land Use & Zoning for California on
Q: I've got property in South Carolina and I'd like to know the value of it. I've been getting a few offers from around the

Country. Is there a (Free) state website I can go to and find out the REAL value of my property?

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answered on Nov 28, 2023

Assessing the value of property in South Carolina can be approached in several ways, although there's no specific state website that provides an exact "real value" for your property.

One option is to check the county assessor's website where your property is located in...
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1 Answer | Asked in Land Use & Zoning and Civil Litigation for California on
Q: Do property owners of private property have to give notice to the owner of the vehicle before they tow it
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answered on Nov 27, 2023

In California, the rules regarding towing vehicles from private property are quite specific. Property owners or their agents must provide notice before towing a vehicle, except in certain circumstances. The notice typically involves posting clear signs at the entrance of the property, detailing... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for California on
Q: on a private road, that has a bridge, and is used by all, does one person have the right to tear out said bridge

Bridge is located in a subdivision and used by many residents. Every attempt to reconstruct and repair the bridge gets demolished by one person who also lives in same subdivision. Do we other residents have any legal recourse?

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answered on Nov 22, 2023

Under California law, if a private road and bridge in a subdivision are used by multiple residents, no single individual typically has the unilateral right to remove or damage the bridge. This is especially true if the bridge is considered a common area or is under a homeowners' association... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: I have lived in a RSO unit with a detached garage for 15 years. The garage is detached and is in my original lease.

The garage is designated as storage not parking. The new owner wants to build an adu and plan on taking the garage/storage away. The city of Los Angeles has a huge variation of reduction between 73 to 875 dollars. How do I determine the acceptable amount of reduction? Is there a formula?

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answered on Dec 18, 2024

Your situation is protected under Los Angeles Rent Stabilization Ordinance (RSO), which requires landlords to provide compensation when removing housing services like storage spaces that were part of your original lease agreement.

To determine the appropriate rent reduction, you'll...
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2 Answers | Asked in Land Use & Zoning for California on
Q: can a city manager deny a business , even though it complies with zoning and requiremets
Robert Kane
Robert Kane
answered on Dec 7, 2024

Yes, a city manager can deny a business license even though it complies with zoning and requiremets. The city manager should have explained why it was denied.

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1 Answer | Asked in Real Estate Law, Business Law, Elder Law and Land Use & Zoning for California on
Q: Can you confirm that Civ. Code 4710 “owners separate interest” allows Political signs to remain without a removal date ?

I live in California within a 55+ CID or Common Interest Development HOA (under HOPA).

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answered on Dec 6, 2024

California Civil Code Section 4710 specifically addresses political signs in common interest developments, but it doesn't give unlimited display rights. While the law protects your right to display political signs, HOAs can establish reasonable restrictions, including time limits for removal... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: My homeowner is stealing my mail with a double address.

Help mehhhh

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answered on Nov 29, 2024

Mail theft is a serious federal crime, regardless of the method used. If your landlord is deliberately using a duplicate address to intercept your mail, they are violating federal law under 18 U.S.C. § 1708, which carries penalties including fines and potential imprisonment.

Your immediate...
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1 Answer | Asked in Landlord - Tenant, Contracts, Real Estate Law and Land Use & Zoning for California on
Q: I rent 3 rooms in my landlords home for me and my mom.

Mom passed away and I can't afford to pay for the roomi don't use my Landlord has finally agreed to rent the extra room out and posted an ad . I have been showing the room to all interested. She still wants me to pay for the room untill it is rented even though she has agreed to... View More

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answered on Nov 15, 2024

I'm very sorry to hear about the loss of your mother - dealing with housing concerns while grieving must be incredibly difficult.

From a legal standpoint, you remain responsible for the full rent payment under your original rental agreement until your landlord formally modifies the...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Can call fire come on to my property to inspect for defensive space compliance even though I have no trespass sign?

I live on 2 acres on top a hill. I was told they can look at the property from the mail box which is at the bottom of the property. But they continue to drive up the driveway and help themselves to a look around the whole property.

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answered on Nov 14, 2024

Yes, CAL FIRE has legal authority to enter and inspect your property for defensible space compliance, even with "no trespassing" signs posted. This authority is granted under California Public Resources Code Section 4291, which requires property owners in designated fire hazard areas to... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: My neighbors turned their garage into an ADU, which now extends onto my property. What can I do about this?

Neighbors turned garage into a rental apartment. They tore down (and rebuilt) our fence in the process. Now that it’s all said and done, they’ve built about 3-5 feet onto my property. What can I do about this? How did they legally do that to begin with? Shouldn't they have been stopped... View More

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answered on Oct 31, 2024

I'm sorry to hear about your situation. First, obtain a professional survey to clearly define your property boundaries. This will provide concrete evidence of the encroachment and help in any discussions or legal actions.

Next, review the permits your neighbors obtained for their ADU....
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1 Answer | Asked in Land Use & Zoning for California on
Q: My grandparents put their house in a revocable trust and the property was claimed. They left it to me. Now code enforcem

Ment is harassing me , I have a fifth wheel parked in my driveway. . we are cleaning it after a trip and being moving the unwanted roaches it picked up at a campground. And repairing some things inside. Will be leaving for multi state trip in January.

Code said not allowed to be in it* AT... View More

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answered on Oct 31, 2024

I understand how stressful dealing with code enforcement can be, especially when you’re trying to maintain your property. Start by reviewing Chula Vista’s local zoning laws and regulations regarding parking fifth wheels on your driveway. Sometimes there are allowances for temporary use, which... View More

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for California on
Q: I was illegally evicted and all my property was took by owners. I have suffered a great amount of mental issues

falsified court documents were filed resulting in an unlawful eviction. wasn’t conducted by legal policies all my belongings were stolen by owners of property then put on the street. I ended up being homeless and was discriminated against by owners

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answered on Oct 10, 2024

I'm really sorry you're going through this difficult situation. It's important to document everything related to your eviction, including any falsified court documents and instances of discrimination. Collecting evidence can strengthen your case when seeking assistance.

Reach...
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1 Answer | Asked in Construction Law, Environmental, Land Use & Zoning and Municipal Law for California on
Q: How do I file for a Preliminary Injunction in Lake County, Ca

Our neighborhood already burned down in 2016 Lower Lake, CA Clayton Fire.

I'm trying to stop a construction company from building a New WOOD Fence that would abut & be Directly Under my stand of 50 year old Eucalyptus trees lining my 100 foot long driveway at property line.... View More

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answered on Oct 8, 2024

To file for a preliminary injunction in Lake County, California, you'll need to start by preparing a legal complaint that outlines your concerns and the reasons you're seeking the injunction. Include all relevant evidence, such as photographs of the tree line and information about the... View More

1 Answer | Asked in Construction Law, Environmental and Land Use & Zoning for California on
Q: I live in Lake County,CA fire area. I Need Prelim- Injunction to stop New Builders from put WOOD Fence under Tree stand.

I partially saved my property in the inhialating 2016 Lower Lake Clayton Fire, including a Stand of 50 year old Eucalyptus Trees that line my 100 foot long driveway & property line. 6 Trees

1 acre land.

New Builders want to errect a 6 foot WOOD fence Directly Under my... View More

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answered on Oct 8, 2024

I'm sorry to hear about the challenges you're facing with the new builders. To obtain a preliminary injunction, you should gather all relevant documentation, including photographs of your eucalyptus trees and the proposed fence location. This evidence will support your claim that the... View More

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