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California Land Use & Zoning Questions & Answers
1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for California on
Q: There's are people on my boyfriends property /land who he wants off , his father deeded him this property.

There's no contract or agreement..

Yelena Gurevich
Yelena Gurevich
answered on Jun 22, 2022

He need to hire an eviction attorney.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: I need to get a copy of ownership for the land that i already own i lost my paperwork

I need to get the addresses of the property that i own

Jonathan Purcell
Jonathan Purcell
answered on Jun 15, 2022

You might search for your properties:

in person at the county property collector,

online through the internet, or

with the help of an individual.

1 Answer | Asked in Estate Planning, Real Estate Law, Land Use & Zoning and Probate for California on
Q: What would you recommend in the following situation:

The property ( Vacant Land Lot value under $30,000) has a few owners.

One of them has the property under Living Trust, he is passed away.

This person doesn't have a wife or children.

We can not get Trust documents of his Living Trust.

What would you recommend... View More

Julie King
Julie King
answered on Apr 27, 2022

Unfortunately, you can't just give away property that belongs to someone else. Even if you tried, the County would never accept a Grant Deed that was signed by someone who is not authorized to give away the property.

When someone passes away and has a trust, the trust will say who...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: How do I get rid of an easement that goes through both mine and neighbors properties? I want to separate properties

We bought home in December and easement was stated in our paperwork. The neighbor has prior history of harassing previous owners and we thought we would be different by trying to create friendship but this is not the case. She is now harassing my son. How do I null this easement and create a drive... View More

James A. Greer
James A. Greer
answered on Apr 18, 2022

Dear Easement Issue Owner: This issue is too "heady" for a brief reply on this forum. While we have MANY qualified attorneys whom participate in the JUSTIA system, I don't think any of us can make a thoughtful response to this issue without MUCH MORE information/documents/history.... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for California on
Q: My husband and first wife bought land with another couple. They have not paid their share. Can we get the land titled

In our name only? They have not paid their half share of the purchase nor taxes since the early 80’s. I want full title so I can sell it. Currently not worth what we have paid in taxes over the years. What can we do.

Yelena Gurevich
Yelena Gurevich
answered on Mar 29, 2022

you can ask them to relinquish their interest to you and if they dont then you can file a partition action and have the court order the property sold and funds distributed based on contributions and payments towards the property.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Estate Planning for California on
Q: If I never filed for a prescriptive easement in california, before a recent change in ownership was made, is it too late

My Neighbor of 20+years I've learned has recently transferred title of his property via quite claim, to another neighbor, but part of his property hasn't been used by the previous owner, but rather fenced off completely no gate no signs nothing, never ! As long as I can remember. And i... View More

Howard E. Kane
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Howard E. Kane
answered on Feb 21, 2022

I am not sure that you will prevail on a prescriptive easement claim. A prescriptive easement allows a trespasser to acquire the right to use the land of another without paying for it. To acquire a prescriptive easement over another's land, the following elements must be met (Felgenhauer v.... View More

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Civil Rights and Land Use & Zoning for California on
Q: Is there anything i can do a night before the writ of possession is executed by the sheriff tomorrow?

I have the grant deed to my property and i have failed to make it to court, the papers i was given had incorrect spelling of my name and the plaintiffs name was not even the person involved in the case so i thought they were a hoax but the sherrif showed up saying i have 5 days and tomorrow being... View More

Louis George Fazzi
Louis George Fazzi
answered on Oct 20, 2021

You need a lawyer.

You should have asked this question a month ago.

Now it is too late to do anything but be prepared to leave and take as many of your belongings that you can take with you. But you still need a lawyer. Look up the Orange County Bar Association's website and...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for California on
Q: We live on a private road I put a fence along the road in 2002. Neighbor wants me to move the fence. what are my options

private road in a community with an hoa that does not collect dues or enforce ccr's, road has a not a county maintained road sign on it. Fence went up in 2002 and the posts have not been moved since along with landscaping and improvements retaining walls and concrete.

James A. Greer
James A. Greer
answered on Aug 31, 2021

Dear HOA Member: My best recommendation in these situations is to obtain the names and email addresses of all the members of the HOA. Then notify them that you would like to call a Special Meeting (or, alternatively, ask the Board to call a Special Meeting if a Board is in place). The agenda for... View More

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Q: Is a formal eviction necessary to be removed from a motorhome being stored on a commercial property.

Would the eviction process be used to remove tenants from unlawful residency..?

If code enforcement were involved would it be necessary for them to evict tenants..?

Alexander C. Safarian
Alexander C. Safarian
answered on Jul 10, 2021

We need more facts to give you a certain answer but it is likely that you will need to file an unlawful or forcible detainer action to remove the dwelling if it is occupied as a residence.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: neighbor issue

Weeds were growing in a drainage ditch; seeds from the weeds invaded the neighboring property and those owners brought an action to abate them as a nuisance. Must the owner of the drainage ditch remove the weeds?

William Stanger
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William Stanger
answered on May 11, 2021

Nuisance claims require that a plaintiff prove the defendant acted (or failed to act) unreasonably, and as a result the plaintiff suffered some kind of harm/annoyance or interference with the use and enjoyment of their property, and that an ordinary person would be annoyed or disturbed by... View More

1 Answer | Asked in Business Law, Contracts, Land Use & Zoning, Real Estate Law and Tax Law for California on
Q: My friend is interested in donating a piece of land to my nonprofit organization. How would we go about this?

Would he receive any benefits from this, tax write offs etc? Also he owes taxes on the property, I am willing to pay those off to make this happen. I plan to use this as a nonprofit headquarters, Art/Yoga/Event Space. Its already zoned for 4 residential structures

Robert P. Cogan
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Robert P. Cogan pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2021

Real estate transfers and planning for the tax consequences are never do-it-yourself tasks. Tax benefits cannot be calculated without information about the property and the taxpayer. You say that you want a nonprofit HQ in a space zoned for residences. This by itself should be a red flag. If you do... View More

1 Answer | Asked in Consumer Law, Real Estate Law and Land Use & Zoning for California on
Q: Hi We live in Saratoga, CA and are having problems with our neighbors across the street.

The neighbors put up bright lights on the front door, gates etc and the glare is coming into our kitchen and front bedrooms. We tried to talk to them and requested to use softer lights or direct back toward their house but they refused to talk. We went to the city, but the code does not have any... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 12, 2021

IF THIS: "We went to the city, but the code does not have any light-trespassing/pollution laws"

is true, it may be tough to sue them? Perhaps you can find a way to limit that intrusion?

Higher hedges? Some shades?

2 Answers | Asked in Criminal Law and Land Use & Zoning for California on
Q: Can I enter a park against mandatory county time rules if they don’t specify time zone on the official page.

Sacramento/ranch county parks website states that no one can access/trespass on park property past 10pm to 6am. That’s quoted on their official page. Nowhere in that sentence or anywhere else do they state a time zone. Somewhat of a ridiculous unimportant question, unless you’re a libertarian.... View More

David Michael Lehr
David Michael Lehr
answered on Feb 9, 2021

Yes you can be fined. The time zone is obviously the time zone where the park is located.

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: We bought a condo but the downstairs neighbors blast their bass. The seller never disclosed this. What can we do?

We just bought a condo and prior to placing an offer, we asked the seller's agent who were the neighbors downstairs and if it was quiet. He said yes it's quiet and didn't know who was downstairs. Turns out the neighbors are musicians and have a studio set up where they record... View More

John T. Kontrabecki
John T. Kontrabecki
answered on Dec 12, 2020

File a complaint with you Home Owners Association and demand that the Association stop it. Make it the Association’s problem to solve.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Landlord - Tenant for California on
Q: Can someone who owns a Big property, with many code violations , reel many volunteers on a lie and make them fix it?

This lady owns about 45 acres and rents the houses on it to about 3 tenants. She also rents its it out to campers on the weekends. But the property has many housing code violations. She uses volunteer websites and sells this place as a “free meditation experience, with monks who can teach you... View More

Yelena Gurevich
Yelena Gurevich
answered on Dec 1, 2020

Volunteers by definition are people who do something without the expectation of payment or receiving something in return. It is the choice of the volunteer to volunteer or not. A volunteer can always leave and hence has no real damages. Lying in and of itself is not generally a violation of law... View More

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for California on
Q: My mother-in-law owns land with her house on it. One daughter has a mobile home on her property that's not livable and

It has been on my mother-in-law's land for over 20 years. My mother-in-law's other daughter has two vehicles that is rusted and doesn't work; been on her property for over 14 years. My mother-in-law has expressed that she doesn't want the mobile home or vehicles on her property... View More

Maurice Mandel II
Maurice Mandel II
answered on Oct 28, 2020

Contact the local PD to report these vehicles as abandoned property and ask for advice about disposal and notification to owners of the property. I think you usually have to give 30-90 days notice then you can call a company to come out and remove them as salvage. There may be a company that will... View More

1 Answer | Asked in Contracts, Business Formation, Land Use & Zoning and Landlord - Tenant for California on
Q: I am looking to purchase a small business auto repair shop, primarily to get the lease for the location. Is it possible

Ideally I do not want to purchase the business name etc I will change it to a smog check station. Also if you can go over the lease it would be great.

Shawn R. Jackson
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Shawn R. Jackson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 25, 2020

Yes, what you are requesting is possible ... and, as you might imagine, there are a number of other issues to consider. I would recommend that you schedule a few initial free consultations, by video call or telephone call, with two or three different attorneys ... Shawn Jackson - Business... View More

1 Answer | Asked in Land Use & Zoning for California on
Q: What is stopping me from sharing about a private nuisance issue on social media.

Neighbors are illegally dismantling autos and trucks day and night. And we are trapped with loud drive by's of people helping to hide dismantling sound. Would I get in trouble if I share these facts on social media???

Maurice Mandel II
Maurice Mandel II
answered on Oct 24, 2020

Wow, Shingle Springs and San Raphael are having major outbreaks of bootleg auto dismantlers operating under zoning variances in residential neighborhoods. You need to hire a Land Use attorney to look into getting you an injunction against this, because this is the 4th post on this subject. As for... View More

2 Answers | Asked in Real Estate Law and Land Use & Zoning for California on
Q: Is a legal nonconforming auto service station required to comply with business regulations such as hours, tow yard ?

the neighborhood that I live in has been having ongoing issues with an auto service station. Neighbors have contacted the Code Enforcement unit because of various activities that we believe should not be allowed at that property, including:

painting vehicles outdoors and releasing chemical... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Oct 22, 2020

Even though it may not be a code enforcement issue, it may still constitute a "nuisance". Private parties, with very limited exceptions, can not bring a legal action for a "public" nuisance, but they may bring an action for a private nuisance. If you can't get the City... View More

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1 Answer | Asked in Land Use & Zoning for California on
Q: landlord want to evict me and my kids in 5 days I cant find anything in 5 days what can I do she gave us court papers
Maurice Mandel II
Maurice Mandel II
answered on Oct 20, 2020

You need to go to a Tenant's rights attorney immediately. I don't know what "court papers" means. Usually it takes longer to get a trial and then a judgment, so I don't know how much time you really have. Do not wait on this and don't rely on this forum to give you... View More

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