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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: 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

James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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?
James L. Arrasmith
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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

3 Answers | Asked in Real Estate Law and Land Use & Zoning for California on
Q: I own a home that was quit claimed to me by my mother a few years ago. I am in the process of selling the home

Do I need to get title insurance on the quit claim deed before conveying the home to another entity?

Maurice Mandel II
Maurice Mandel II
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

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3 Answers | Asked in Real Estate Law and Land Use & Zoning for California on
Q: I own a home that was quit claimed to me by my mother a few years ago. I am in the process of selling the home

Do I need to get title insurance on the quit claim deed before conveying the home to another entity?

James L. Arrasmith
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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

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2 Answers | Asked in Land Use & Zoning and Business Law for California on
Q: Starting an online plant nursery business. Do I need to buy agriculturally zoned land? Or can it be a home business?

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.

James L. Arrasmith
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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...
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1 Answer | Asked in Real Estate Law, Business Law and Land Use & Zoning for California on
Q: Can I Get a restraining order, for the events venue across the street from my home?

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

James L. Arrasmith
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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

1 Answer | Asked in Land Use & Zoning for California on
Q: roof overhang property line california accessory structure

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

James L. Arrasmith
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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...
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1 Answer | Asked in Civil Litigation, Civil Rights and Land Use & Zoning for California on
Q: Can I put rainbow yard signs on public property during pride month in Temecula CA?

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

Louis George Fazzi
Louis George Fazzi
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

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning and Real Estate Law for California on
Q: How are people getting $10,000 to relocate when they were living on government land and were forced to move in ca
James L. Arrasmith
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answered on Apr 18, 2023

The $10,000 relocation assistance program you may be referring to is called the Mobilehome Park Resident Impact Fund (MPRIF) in California. The MPRIF was created to assist mobilehome park residents who are forced to relocate due to park closures, conversions, or other changes in land use. Eligible... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Can my home owners association force me to remove my washer & dryer that were installed by previous owner?

Also can I be legally fined

James L. Arrasmith
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answered on Apr 18, 2023

As per California law, a homeowners association (HOA) can require that a homeowner remove a washer and dryer that were installed by a previous owner, if such installations are not allowed under the HOA's rules and regulations. If the installation of a washer and dryer is prohibited by the HOA,... View More

1 Answer | Asked in Land Use & Zoning and Municipal Law for California on
Q: Can I sue the city for a tree toots on their property caused $7k in damages to our sewer line.

Did claim 3 times and were denied. Even with california code 833

James L. Arrasmith
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answered on Apr 8, 2023

It may be possible to file a lawsuit against the city for damages to your sewer line caused by tree roots on their property. However, the success of your case will depend on various factors and it is recommended to consult with a licensed attorney in California.

California Code 833 states...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: How can a grant waiver deed on a residential house be rescinded?

My father, deceased, and my brother along with I are on the grant waiver deed. My brother sold me the property in 2008 and I want the grant waiver deed rescinded so my neighbor and I can get a lot line adjustment since a part of his house is on my property. Please advise.

James L. Arrasmith
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answered on Mar 29, 2023

A grant waiver deed is a legal document that transfers ownership of a property from one party to another. In order to rescind a grant waiver deed, you would typically need to go through a legal process to have the deed invalidated or cancelled.

If you and your brother are both listed on the...
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1 Answer | Asked in Land Use & Zoning, Real Estate Law, Contracts and Civil Rights for California on
Q: What is the process for HOA homeowners opposing amended cc&rs in CA when board uses DS code 4275?

The HOA board wants to use DS 4275 or force the approval of proposed CC&Rs. Homeowners are not in support for numerous reasons, use restrictions, pet restrictions, waiver of rights, broad powers to invade privacy and enjoyment, etc.

What is the process for owners to file opposing... View More

James L. Arrasmith
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answered on Mar 21, 2023

In California, the process for homeowners to oppose amended CC&Rs and challenge the HOA board's use of DS code 4275 would generally involve the following steps:

Review the current CC&Rs and proposed amendments: Homeowners should carefully review the current CC&Rs and any...
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1 Answer | Asked in Arbitration / Mediation Law and Land Use & Zoning for California on
Q: Disputing an alleged short term rental ad breach claim by Cathedral City. New ordinance as of Jan. 1 has a $5,000 fine.

The fine was disputed at a virtual hearing a week ago, with compelling factual written appeal rebuttal provided in advance. There was a hearing officer (layperson) from a company in California that acts for smaller city ordinance collection efforts being disputed, as well as the CC ordinance ticket... View More

James L. Arrasmith
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answered on Mar 15, 2023

If the property owner wishes to appeal the decision made by the hearing officer and challenge the fine in court, they will need to file an appeal within the specified timeframe (which you mentioned as 10+ days) and pay the required filing fees. The exact process and cost of an appeal can vary... View More

Q: Am I allowed to sell rocks & minerals I find on the beach on Etsy?

I like to collect rocks & minerals on local beaches in California and would like to start selling these on Etsy and my own website. Is that legal? I plan to polish some of the rocks using a tumbler and other polishing equipment and also plan to turn the rocks into jewelry. Some of them I would... View More

James L. Arrasmith
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answered on Mar 4, 2023

In general, it is legal to sell rocks and minerals that you find on a beach, as long as you have permission to be on the beach and are not removing rocks or minerals from protected areas, such as state or national parks. However, there may be certain restrictions or regulations regarding the... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for California on
Q: Pge to redo our road after fire,1 won't sign release,for her 30 ft of easement caus she has claim to pge also,sue cc845?

Pge has offered up a amended release for her to sign separating the two claims. History: valley fire. road comes in canyon and splits across creek to left and my easement continues straight up right side . At Y of this road is where 30 ft of corner parcel owned by neighbor unwilling to sign... View More

James L. Arrasmith
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answered on Mar 3, 2023

Here are some general principles that may apply to your situation:

Easements: If your neighbor has an easement over your property, she may have a right to use the portion of the road that runs across her parcel. However, this does not necessarily mean that she has a claim against PG&E...
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1 Answer | Asked in Real Estate Law, Land Use & Zoning, Landlord - Tenant and Lemon Law for California on
Q: Can owners take HOA to court?

HOA is charging $50 per day a unit is rented without HOA consent. The waiting list to rent has not changed for close to ten years or so. CCR has a waiver, but HOA refuses to consider it. Our daughter was born premature and has a respiratory health issue. The complex prohibits smoking in the... View More

James L. Arrasmith
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answered on Feb 24, 2023

Yes, owners have the right to take their HOA to court if they feel that the HOA has violated their rights or breached their obligations under the governing documents, such as the CC&Rs (covenants, conditions, and restrictions) and bylaws.

In the scenario you described, it seems that the...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for California on
Q: A few year's ago my backyard fence on all 3 side's blew down and none of neighbors help pay do I own all 3 sides outrite

My neighbors didn't want to help with the bill for replacement of fence we ended up paying for all 3 side's. Now one of them want to add a travel trailer access gate connected to my fence they didn't want to pay half for

James L. Arrasmith
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answered on Feb 20, 2023

If you paid for the replacement of the fence on all three sides, it is likely that you own all three sides of the fence outright. However, it is always best to review the property lines and deed to confirm ownership.

As for the request to add a travel trailer access gate, since the gate...
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