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I'm stuck on the issue of maintenance responsibilities for the view fences/walls located in the back of homes that are located between a private lot and an Association common area lot. Party walls are located between two private lots, not on the Association common area. Based on everything I... View More 
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answered on Mar 7, 2024
In California, the responsibility for maintaining fences or walls between a private lot and an HOA common area is typically determined by the HOA's governing documents, such as the CC&Rs (Covenants, Conditions, and Restrictions), bylaws, and any other applicable rules and regulations.... View More
He told us he can selll at additional 12k that he new we bout expensive already and started a land line division but it’s bn a year this month and boy sure what’s going on he threatened me that he can pay us 500 to cut off lights on patio if worst case also he is mad cause we don’t have... View More
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answered on Mar 6, 2024
In California, if you've built a patio on land that turns out to belong to someone else, it's important to address the issue promptly to protect your investment and rights. The first step is to consult with a real estate attorney who can help you navigate the complexities of property law.... View More
After we bought a 40ac land in Elk Grove, CA, we hired eng'g consultants and they found out that the property has municipal solid waste underneath. This was not disclosed by the seller/owner of the property. On the seller disclosure docs, it says the property is "clean". We need... View More
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answered on Mar 6, 2024
In California, if you find yourself in a situation where the seller did not disclose that the property you purchased in Elk Grove was previously used as a landfill area, the first step is to seek legal advice. Attorneys with experience in real estate law and specifically in nondisclosure disputes... View More
My mailbox has been broken and after repeated requests, they ignore my request or tell me something is done or try to absolve responsibility. Latest email they claimed to repair and they did not. I took a picture of the mailbox and now I am being igorned. We pay $580/month for them to only do... View More
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answered on Mar 6, 2024
Under California law, homeowners associations (HOAs) have a duty to maintain and repair common areas, which may include community cluster mailboxes, depending on the governing documents of your specific HOA. If your mailbox has been broken for an extended period, and the HOA has failed to address... View More
My mailbox has been broken and after repeated requests, they ignore my request or tell me something is done or try to absolve responsibility. Latest email they claimed to repair and they did not. I took a picture of the mailbox and now I am being igorned. We pay $580/month for them to only do... View More
answered on Mar 6, 2024
I encourage you to review the answer by atty Arrasmith.
Review CCR's
Sometimes, you must consider the cost involved to achieve your desire and the consequences of making waves.
Getting a lawyer involved is never a cheap answer, and here in the greater Palm Springs area,... View More
What can be done in this situation
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answered on Mar 5, 2024
Homeowners' Associations (HOAs) are generally required to maintain common areas and ensure the community's well-being according to their governing documents, such as the CC&Rs (Covenants, Conditions, & Restrictions), bylaws, and state laws. If your HOA board is not performing... View More
I did everything according to my lawyer as trustee of my parent's trust, which contained their home. Upon their death, My brother deposited my half of the money into the trust. I then, as trustee, signed the house over to him. That meant, according to my lawyer, he inherited 100% of the... View More
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answered on Mar 3, 2024
In California, property acquired through inheritance is generally considered separate property, not subject to division in a divorce. However, the situation becomes more complicated when a spouse is added to the title of the inherited property, as it may be seen as converting the property from... View More
My parents divorced in 1977 each kept one as part of the settlement. Several years later my father sold his and used the proceeds to purchase new home. About 7 years later he remarried and she moved into my dads. Some time later he sold that property and again used money to purchase new home.... View More
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answered on Mar 3, 2024
Under California law, property acquired before marriage generally remains the separate property of the spouse who acquired it. If your father sold a property he owned before remarrying and used those proceeds to purchase a new home, the nature of the new property's ownership depends on how it... View More
Non operative vehicle storage yard un permitted occupied travel trailers and junkyard conditions the junkyard has been on this property since we bought it in 1974. Wouldn't it be grandfathered in?
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answered on Mar 2, 2024
In Sonoma County, California, code enforcement officers, including those enforcing permits, generally do not need to be surety bonded to enter your property for inspections. Their authority to inspect properties, especially in cases where there are potential violations of local ordinances or zoning... View More
In front of my property is a vacant 1035sq open space lot that is owned by my neighbor ,two other neighbors also cross his property to their homes. We have known the previous owner for years and would park there along side his vehicles we became the owners as of 2019 and continued to use the... View More
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answered on Mar 2, 2024
In California, when access to your property is blocked by a neighbor, several options are available to resolve the issue. One common approach is to attempt mediation. Mediation involves a neutral third party helping both sides reach a voluntary, mutually acceptable resolution. This can be a... View More
City public works contacted me saying they're guessing my my waste management company truck caused road damage. They want me to hire a contractor to pay for the damage caused to the road and the berm. This is outside of my property line, and seems like they should be contacting the waste... View More
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answered on Mar 1, 2024
In California, it's important to understand that while property taxes contribute to the maintenance of public spaces, including roads, the responsibility for damages caused by specific actions or entities can be allocated differently. If a waste management company truck is alleged to have... View More
Recently father (married since 2000) has been talking about selling my familys current home and is using a quitclaim deed he has as leverage, claiming he owns home. He doesn't live in America and doesn't live in this house, so he won't be affected by this. His reasoning for this is... View More
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answered on Feb 29, 2024
In California, property acquired during marriage is generally considered community property, meaning both spouses have an equal interest in it, regardless of how the property title is held. If your father falsely claimed he was unmarried on a quitclaim deed after marrying your mother, this could be... View More
I’ve been living in the home consecutively for the last 12 years, and have made improvements to the home as well as all utilities are in my name. However when it comes to the taxes I would give a family member the money to pay them for me -whom last year became the administrator over the estate... View More
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answered on Feb 29, 2024
In California, to claim ownership of a property through adverse possession, you must meet specific criteria, including possessing the property openly and notoriously, exclusively, continuously for a period of five years, and paying the property taxes during that time. Given that you've lived... View More
My real estate LLC has been destroyed by years of family court divorce proceeding which have left the company unable to maneuver its holdings, operate, or pay it's high interest rate short term notes that are now all in default. Is an attorney reuired for an LLC bankruptcy and can I get rid of... View More
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answered on Feb 28, 2024
Navigating bankruptcy for a California real estate LLC can be complex and challenging, particularly when the company is entangled in difficulties such as those you've described. While you aren't legally required to have an attorney to file for bankruptcy, the intricacies of bankruptcy law... View More
My mom is about to get a mechanical lein placed on her home mid March. She hired a company to clean and insulate the attic valued at 7200.00. She did not sign a contract. I her son signed an agreement in good faith. So far they don't want to work with us. They want either two installments or... View More
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answered on Feb 28, 2024
Under California law, a mechanic's lien is a security interest in the title to property for the benefit of those who have supplied labor or materials that improve the property. If a mechanic's lien is placed on your mother's home, it's crucial to address it promptly to avoid... View More
My parents bought condo &house and y grandparents cosigned. When grandfather died grandma dementia got bad, so my uncle put the my parents houses in trust. Can he do that?
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answered on Feb 26, 2024
Under California law, the ability to transfer property into a trust depends on who holds the title to the property. If your parents are the rightful owners of the condo and house, typically, only they have the authority to transfer their property into a trust. Co-signing on a loan does not grant... View More
There wan't any indication of any problem with the toilet that could be seen in my condo, so that it does not seem that I was negligent. The toilet was in the condo when I bought it. Am i legally responsible for the damage to the other condo?
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answered on Feb 26, 2024
Under California law, the issue of liability for water damage stemming from invisible leaks, such as from a toilet, often hinges on the concept of negligence. If there was no way for you to have known about the leak—meaning there were no visible signs or indications of a problem—you may argue... View More
After a friend's death I found a transfer on death deed in his papers. Thinking I just needed to file it I did just that. He hadn't filed it before he died. Now the property can't be sold because of this. the probate court says it's not part of probate. The county accessor sees... View More
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answered on Feb 28, 2024
Here are the steps you can take to try to remove an invalid transfer on death (TOD) deed in California:
1. File a petition in probate court to revoke the TOD deed. Even though the county says the deed is invalid, getting a court order for revocation would provide the best legal backing.... View More
After a friend's death I found a transfer on death deed in his papers. Thinking I just needed to file it I did just that. He hadn't filed it before he died. Now the property can't be sold because of this. the probate court says it's not part of probate. The county accessor sees... View More
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answered on Feb 26, 2024
In California, a Transfer on Death (TOD) deed must be recorded within 60 days of the date it was signed to be valid. If you've filed a TOD deed after this period, and it's now causing issues with property transfer, there are steps you can take to address the situation. Since the probate... View More
The estate is currently in probate. Our neighbor has torn down half our fence already without my consent. The survey her surveyor made will disrupt the function of our driveway and we will not be able to drive to our garage. It is currently 9 feet and 2 inches wide which already very narrow. We... View More
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answered on Feb 26, 2024
In California, when facing a dispute involving real estate, especially one as urgent as yours with potential for significant property impact, seeking legal assistance promptly is crucial. Since you're looking for pro bono services, you might consider reaching out to local legal aid... View More
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