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California Land Use & Zoning Questions & Answers
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

James L. Arrasmith
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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?

James L. Arrasmith
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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)
T. Augustus Claus
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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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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

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
James L. Arrasmith
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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

James L. Arrasmith
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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 for California on
Q: How does one handle disposing of abandoned property when there was never any exchange of money? Value is more than $300.

I stored my sister in law's property (70 boxes of bathroom tiles) in my garage, as a favor to her. There was never any charging of rent. After five years, I can't get her to move her items from my garage. What is the process of giving notice ( How many days?) and ultimately disposing of... View More

James L. Arrasmith
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answered on Aug 5, 2023

https://www.keyrentersacramento.com/blog/356080ee-aa30-4626-9232-a38c517f3f3b/what-to-do-if-a-tenant-abandons-the-property

- James Arrasmith, Owner. The Law Offices of James L. Arrasmith.

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?
James L. Arrasmith
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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 for California on
Q: Can I file a restraining order against the property owner of my easement? He keeps digging ditches rows untie way

There is an ongoing case with the property owner I am just a renter. Who uses the easement. He keeps putting rocks in the way

James L. Arrasmith
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answered on Jul 10, 2023

If you're facing issues with the property owner obstructing your easement, it may be helpful to consult with a real estate or property law expert. They can provide guidance on whether pursuing a restraining order is appropriate based on your specific circumstances and local laws. Providing... View More

Q: Can you sue a builder or developer for failing to provide adequate parking in a community?

116 single family homes in a community with only 17 parking spaces. No driveways, no street parking, no alternatives. HOA is threatening to have over 50+ cars parked in the street.

Robert Kane
Robert Kane
answered on Jul 1, 2023

It seems unlikely a 116 single family home development would be approved with parking for only 17 vehicles. Do the homes have garages?

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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

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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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

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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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