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California Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Q: I rent a room in my landlords home. I installed a locking doorknob when I moved in and I have the only key.

my mother also lives here separate bedroom we have lived here for four years verbal agreement in California. We pay rent on time every month. Are we tenants or lodgers??

Thomas A. Grossman
Thomas A. Grossman
answered on Feb 9, 2019

Since you pay rent to share two rooms in the landlord's house, you are on a month to month tenancy. If your landlord wants to evict you, he would have to give you 30 day's notice. A Lodger is more like being a Hotel Guest, where you pay for a certain number of days, and when those days... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for California on
Q: A truck was abandoned on my property, can I put a mechanics lien on it?

I lost my house in the camp fire. The abandoned truck got stuck in the mud while trying to loot my property and the properties in the nieghborhood.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 14, 2019

You can report this to the police, who may in turn have it cited and towed. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Real Estate Law, Civil Rights, Constitutional Law and Land Use & Zoning for California on
Q: what can I do about my neighbors throwing rocks at house and making banging noises outside sometimes?

the neighbors that are throwing rocks at house live right by me, house by house, they are a man and his wife who are near 50 years of age, I know its them cause I saw them on camera, it wasn't recorded though then I had the hidden camera up, they have a camera facing my bathroom window, so... View More

Gary Kollin
Gary Kollin
answered on Nov 18, 2018

Time to start recording

1 Answer | Asked in Business Law, Insurance Defense, Land Use & Zoning and Mergers & Acquisitions for California on
Q: I have document s of of former landlord who fordury marriage certificate and life insurance over10idenitys
Thomas A. Grossman
Thomas A. Grossman
answered on Jul 15, 2018

You have not explained what is going on, nor what you want to be answered.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: How do I settle a property line dispute? The owner threatening to tear down my fence & move over

He says the land survey he had done that says the property line is anywhere from .5 ft to 3ft discrepancy. I lived here 21+ yrs & have always known my property line to be the My fence line. He’s not threatening the front half of fence says not need replaced - the entire fence is same for... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Jul 6, 2018

Your question is too complicated to answer without seeing all the documents and facts involved. I suggest you contact a local attorney near you for advice. Boundary disputes are often very expensive, and the outcome usually depends on the documents. Good Luck.

2 Answers | Asked in Civil Litigation, Land Use & Zoning and Real Estate Law for California on
Q: After 7 years of representation in a real estate matter, our attorney said we should consult a "real estate attorney".

Attorney appointed by insurance co. This matter has always involved real estate. I was abandoned by this attorney two years ago, but my husband continued to try to resolve this. It's not going to happen. We have lost a strong six figure amount of provable money out of our pockets. Please advise.

Thomas A. Grossman
Thomas A. Grossman
answered on Jun 26, 2018

I can't tell with the short facts that you have stated, but it sounds like your attorney may not have been competent, especially if he only recently stated that you should see a real estate attorney. I wonder if the attorney had a real estate license of broker's license. At any rate, I... View More

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2 Answers | Asked in Elder Law, Land Use & Zoning, Landlord - Tenant and Personal Injury for California on
Q: In a mobile home park Can a landlord Dump onto tenants lawn.

Landlord used a tractor to dump televisions onto lawn and breaking glass everywhere then told us to clean it up in 60 days or else. Tractor forcefully shoving me out of the way. 4 or 5 park workers aggressively threw televisions on mom's lawn.

Theodore Allan Greene
Theodore Allan Greene
answered on Mar 4, 2018

This doesn't sound like something they should be doing. Did you have any other witnesses? Did they give any kind of explanation at all? Very strand behavior. You should consider consulting with a local attorney to see what options you might have.

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1 Answer | Asked in Civil Rights, Estate Planning, Land Use & Zoning and Landlord - Tenant for California on
Q: What legal steps do i take to rid of somone i allowed to live in my house that i own for 5years free of charge&contrac

Not a tenet but homeless so i helped her out for 5years allowing her to stay there bc its a 2nd property i own but now i want her out

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 12, 2018

She IS your tenant, and if she won't leave voluntarily, you evict her the same way you would any other tenant ... it is just that you probably won't be able to claim any unpaid and due rent. If you don't know how to 'terminate' the tenancy, you should contact a local... View More

1 Answer | Asked in Civil Rights, Land Use & Zoning and Real Estate Law for California on
Q: If my neighbor throw a ball into my house many times, what can I do and what is my rights?

Until now, there is no significant damage but I feel like I have been bothered. One time, they made a big "boom" on the roof when I was taking a nap. Moreover, some previous times when they threw a ball in my house, I felt uncomfortable when they got into my house without asking. They... View More

Louis George Fazzi
Louis George Fazzi
answered on Jan 16, 2018

Keep the ball. If the neighbor causes damage with the ball, then you can hold the neighbor responsible for whatever damage she caused. If the situation escalates, you can always call the police and make a complaint against your neighbor. You could even go to court and file a claim of harassment... View More

1 Answer | Asked in Insurance Bad Faith, Land Use & Zoning and Real Estate Law for California on
Q: I am currently in Escrow and had the inspection done. We noticed trees that we believe to be on our property

Completely ruining the neighbors driveway. What liability/risk do we have as homeowners of the new home that caused damage prior to our purchase? Appreciate any advice as we are first time buyers!

William John Light
William John Light
answered on Jan 12, 2018

This is a common legal question, and the answer is that the tree owner is liable under trespass and private nuisance theories (in most cases, at least). Whether you, as new property owner are liable, is something a a real estate attorney should be retained to evaluate. It may be something that... View More

3 Answers | Asked in Personal Injury, Land Use & Zoning and Real Estate Law for California on
Q: My property has 300' of street frontage. I maintain roughly 285' which is the land between the curb and my property line

The remaining 15' is too dangerous for me to maintain. City is going to fine me if I don't clear it out. Is that legal to put me in harms way to clear vegetation on city property? Live in Riverside CA.

Dale S. Gribow
Dale S. Gribow
answered on Dec 5, 2017

to answer this correctly a lawyer would need to know what you mean by dangerous and whether it should be the responsibility of someone else to maintain...such as city???

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: My mom has a neighbor that is building a structure on land that belongs to her. How do we stop it?

Also does the neighbor have an squatting rights to her land?

Amanda M. Rokita
Amanda M. Rokita pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2017

An unauthorized trespass on another person’s property is called an encroachment. First, one must confirm that the area of land in dispute is in fact owned by your mother. This can be done by hiring a professional surveyor to survey the land to confirm the property boundaries.

Once it is...
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1 Answer | Asked in Civil Litigation, Contracts, Land Use & Zoning and Real Estate Law for California on
Q: Can my nabor close off a road to make speed bumps and other road obstacles to impair our ability to drive on said road?

I live in an unincorporated area of orange county CA. My nabor's and I live on a shared stretch of dirt road that is used daily by all of us for commute purposes. As of late our nabor at the end of the road has been closeing off the road we use in order to put in large speed bumps, drains,... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Sep 6, 2017

Has he built this road on his private property? Is the road your only form of accessing your property? Is he in compliance with city laws re: construction of the road? You can access copies of construction permits at the County clerk's office. More details are necessary to provide a... View More

2 Answers | Asked in Real Estate Law, Land Use & Zoning and Municipal Law for California on
Q: Is it legal to sleep on my own flat roof? To hang out up there and enjoy the sunset in a lawn chair?

I live in Fairfax, CA. I have a neighbor who doesn't like that I do this, even though we can hardly see each other's houses through the trees. I'd be willing to put up a railing if that's an issue.

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Aug 16, 2017

To get a definitive opinion, you will probably have to pay an attorney to research this for you. If you want to take a shot at it yourself, check the Marin County Code and any Fairfax ordinances. However, as with most neighbor disputes, you should try to come to some agreement. Try speaking with... View More

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1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning, Consumer Law and Business Law for California on
Q: Is the a law that requires California motels to change bedding, furniture,drapes and linens periodical?Where can I rev
Ali Shahrestani,
Ali Shahrestani,
answered on Jul 25, 2017

There are several related statutes regulating the hotel/ motel industry in CA. See: https://www.calodging.com/resources/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read...
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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Civil Rights for California on
Q: My neighbor is selling his home with several building code violations that affect my property.How can I remedy b4 sale?

Neighbor built an oversized wooden shed, where one side of the shed sits directly on our mutual property line. And the shed's canted/sloped roof drains rain water onto my property causing erosion. Shed size does not conform to muni code (too large 16' x 16' vs 10' x 10')... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 12, 2017

You can report such violations to the city, and you might be able to sue as well for trespass and related wrongs. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me,... View More

2 Answers | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Q: Do i have to pay my landlords stay in out property we rent? And doni have to pay for his goats water bill?

Tenant also cares for goats.

If land lord stays on the property why foni have to pay for his stay?

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 10, 2017

Here are some useful links for you:

CA Tenant Rights: http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

CA Evictions: http://www.dca.ca.gov/publications/landlordbook/evictions.shtml

Security Deposit issues: http://www.courts.ca.gov/1049.htm

Repairs and...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for California on
Q: How can we acquire a strip of yard from our neighbor?

We just bought a home that is fenced on two sides. We want to add about 5 ft on one side to fence in the whole front yard. The neighbor on that side is saying the 4'x 20' strip of grass on OUR SIDE of the fence (that is old and already there) is part of her yard and she will not approve... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 8, 2017

If there is an easement, that would help. Or you can offer to buy an easement. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and... View More

1 Answer | Asked in Criminal Law, Agricultural Law, Environmental and Land Use & Zoning for California on
Q: Can I get a license to grow and harvest marijuana on my farm in Nebraska?

Marijuana was planted for rope and soil health pre WWI. We currently eradicate marijuana with herbicides and grow corn and soybeans. Costco sells hemp seeds from Thailand and paper can be made from the fiber (instead of trees)...what is the possibility of growing legal marijuana on the farm?

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 1, 2017

Contact a Nebraska lawyer. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Q: Can my landlord alter the size of my lard without permission or notice?

Our landlord owns the property next to our house as well as ours. He moved our fence 20 feet to make more room for a new development he's building on the lot next to us. He did this without prior notice.

Louis George Fazzi
Louis George Fazzi
answered on May 27, 2017

There's some information missing here. Do you have a lease? Rental agreement? Either way, what property are you renting/leasing? Does your agreement define the total square footage of your tenancy? If you're only renting a house on a piece of property, rather than the house and yard etc.... View More

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