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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, Landlord - Tenant, Animal / Dog Law and Real Estate Law for California on
Q: Does a non-property owner have full use rights of an access road in Shasta County, CA?

There are two people staying illegally on a lot next to my home in Shasta County. They live in a camp trailer without permitted dwellings or a septic system. Despite discussions with them, they've acquired two pit bulls and walk them daily in front of our homes. I've contacted code... View More

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answered on Mar 27, 2025

The people staying on the neighboring lot don't automatically have full use rights to the access road beyond the entrance to their lot unless they have a specific easement granting them those rights. In California, an easement grants someone "a limited right to use another's land for... View More

Q: Looking for an attorney to represent me in a civil case regarding property encroachment and city violations.

I have filed a lawsuit in civil court against my neighbors and the construction company responsible for a wall that collapsed into my home. They are encroaching on my property with the new wall, and I am looking to add the city of Los Angeles to the lawsuit. The city is ignoring the violations and... View More

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answered on Mar 19, 2025

Finding the right attorney for your case can be challenging, but there are ways to connect with someone who understands property disputes and municipal liability. Start by reaching out to local bar associations, such as the Los Angeles County Bar Association, which offers lawyer referral services.... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Is it legal to block a long-accessible public trail on private property in CA?

Is it legal for someone to block a trail that has been accessible to the public for many years in California? The trail crosses a corner of private property, but it has always been open to public access. The city informed me that the community association manages the trail, and the city itself has... View More

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answered on Mar 12, 2025

In California, if a trail crossing private property has been consistently open and used by the public for many years, it's possible that a "prescriptive easement" has been established. Prescriptive easements happen when the public uses a path openly, notoriously, continuously, and... View More

1 Answer | Asked in Gov & Administrative Law and Land Use & Zoning for California on
Q: Received neighbor notification with errors, need contact and process in CA.

I received a neighbor notification in San Francisco, but it contains errors such as incorrect building size and an incomplete owner name. I have not been able to contact a city planner. Who should I contact to correct these errors, and what is the process for notifying someone about such issues?

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answered on Mar 12, 2025

If you've received a neighbor notification from the city of San Francisco containing errors, your first step is to reach out directly to the San Francisco Planning Department. They handle corrections related to property notifications, building specifications, and ownership information. You can... View More

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for California on
Q: Can Huxley Apartments in West Hollywood rent units as Airbnbs?

I'd like to know if the Huxley Apartments in West Hollywood are permitted to rent out their units as Airbnbs?

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answered on Feb 14, 2025

Based on West Hollywood's municipal code and short-term rental regulations, the Huxley Apartments cannot legally operate short-term rentals like Airbnbs. West Hollywood strictly prohibits rentals shorter than 31 days in multi-family residential buildings.

The Huxley, being an apartment...
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1 Answer | Asked in Estate Planning, Land Use & Zoning, Real Estate Law and Tax Law for California on
Q: I cant find my dads trust from estate for years ir mineral rights i have no money and im rep of estate
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answered on Jan 20, 2025

I understand you're looking to locate trust documents related to mineral rights in your father's estate, and you're serving as the estate representative. This can feel overwhelming, especially without financial resources to help.

Your first step should be checking with the...
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1 Answer | Asked in Estate Planning, Land Use & Zoning, Real Estate Law and Tax Law for California on
Q: My dad passed im rep of estate only child i cant find his trust fir years

Cant find my dads trust im rep of estare and in arrick vs usa it tells hoe mr arrick stole from trust he was a lawyer found guilty but daughter has searched fir ywars for this trust and esta5e house and alot of minetal tprights all vpbeing hid from me

P

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answered on Jan 16, 2025

I understand how frustrating and painful this situation must be, especially while dealing with the loss of your father. Searching for years without finding crucial trust documents can feel overwhelming.

As the representative of the estate, you have legal rights to access trust-related...
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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

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