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answered on Apr 18, 2024
Under California law, if a house title is held in a trust, the trust itself is considered the legal owner of the property. The trustee, who is responsible for managing the trust assets, has the authority to make decisions regarding the property, including paying the mortgage.
In this... View More 
My family owns mineral rights to a parcel of land we sold (the land itself was sold but the mineral rights were kept.) The outstanding 75% is seemingly untraceable, nobody seems to know where it is, and other family members are being vague and unhelpful for reasons unbeknownst. I've often read... View More
answered on Apr 29, 2024
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There are some ways to obtain the title of the land or real property that does not belong to you when the owners are sleeping on their rights. One of them is through Adverse possession.
Adverse possession requires the claimant of the title to... View More
My family owns mineral rights to a parcel of land we sold (the land itself was sold but the mineral rights were kept.) The outstanding 75% is seemingly untraceable, nobody seems to know where it is, and other family members are being vague and unhelpful for reasons unbeknownst. I've often read... View More
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answered on Apr 18, 2024
In most jurisdictions, it is not possible to simply claim the outstanding 75% of mineral rights just because the other owners are untraceable or unresponsive. However, there are a few potential options you can explore:
1. Quiet Title Action: You may be able to file a "quiet title"... View More
There's a homeless encampment that has been sitting on a plot of land that has been unclaimed for years and homeless people have used it accordingly. Just recently a new property owner bought the plot of land and is now threatening to trespass criminally the inhabitants of this said plot of... View More
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answered on Apr 17, 2024
This is a complex legal and ethical issue that depends on the specific laws and circumstances in the jurisdiction where the property is located. In general, in the United States:
- The new property owner has the legal right to remove trespassers from their private property. Purchasing the... View More
There's a homeless encampment that has been sitting on a plot of land that has been unclaimed for years and homeless people have used it accordingly. Just recently a new property owner bought the plot of land and is now threatening to trespass criminally the inhabitants of this said plot of... View More
answered on Apr 27, 2024
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1. The first issue that needs to be addressed is whether homeless people have any right of possession in the property. The CA general law allows some occupants to take both the title and possession under adverse possession under certain circumstances. One... View More
From what I’ve been reading, it sounds like she can have the roots on her side be cut if an arborist says it won’t damage my tree’s health which I would be fine with.
If an arborist determined cutting those roots would end up killing my tree, I would also be okay with the neighbor... View More
answered on Apr 28, 2024
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1. Who owns the tree? The owner of the tree is the landowner which the trunk of the tree is located on.
2. Who has the liability for the trees encroachment? There is an absolute liability on the owner of the tree to remove portions of his trees... View More
From what I’ve been reading, it sounds like she can have the roots on her side be cut if an arborist says it won’t damage my tree’s health which I would be fine with.
If an arborist determined cutting those roots would end up killing my tree, I would also be okay with the neighbor... View More
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answered on Apr 17, 2024
In California, tree owners have certain responsibilities when it comes to damage caused by their trees, including root damage to neighboring properties. However, the specific circumstances of each case determine the legal outcome.
Here are a few key points to consider:
1. Reasonable... View More
I have a property which I need to be managed by a property management organization that I want the contracts to be reviewed by a lawyer. I can provide the documents. I would like to know more about the review process by a lawyer and the cost of it.
answered on Apr 29, 2024
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Attorneys can charge on flat fee or hourly for the contract review.
1. There is usually a initial consultation with the client to have an understanding about the general subject matter of the contract, client's goals. Which types of the... View More
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answered on Apr 16, 2024
From a legal standpoint, whether the rent increase is allowed depends on a few factors:
1. Type of lease agreement: If you have a fixed-term lease, the landlord generally cannot raise the rent during the lease term unless the lease agreement specifically allows for rent increases. If you... View More
answered on Apr 30, 2024
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1. The lease agreement is the governing instrument. If there is any provision in the agreement that controls the increase in the rent, you can make the owner of storage to comply with it.
2. Even though storage is not a residential property, there... View More
I submitted three letters to the HOA association and the other two board of directors. I stated in the letters in accordance with the statutes of the davis Sterling act and homeowners association laws that I was to be provided this information of disclosure I never received a response I was... View More
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answered on Apr 13, 2024
Based on the information you've provided, it seems that you may have grounds for legal action against your HOA. In California, the Davis-Stirling Act governs how HOAs must operate and outlines the rights and responsibilities of homeowners and board members.
According to the... View More
I submitted three letters to the HOA association and the other two board of directors. I stated in the letters in accordance with the statutes of the davis Sterling act and homeowners association laws that I was to be provided this information of disclosure I never received a response I was... View More
answered on Apr 29, 2024
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1. A member of the association may bring a lawsuit against the association in case of violation of Sterling Act within one year.
2. If the member prevails in the civil action, the member is entitled to an award of reasonable attorney fees and... View More
on two – 5–24. I was at an HOA board meeting with the other board members when one of the board of directors stated that the lawyer what the association had quit because I was a nut job he continued to say that it was my fault that the lawyer had quit And open reading he said I was a nut job in... View More
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answered on Apr 13, 2024
Based on the information provided, it seems that you may have a potential case for defamation against the HOA board member who called you a "nut job" during an open meeting. In California, defamation is defined as a false statement that is communicated to others and causes harm to... View More
on two – 5–24. I was at an HOA board meeting with the other board members when one of the board of directors stated that the lawyer what the association had quit because I was a nut job he continued to say that it was my fault that the lawyer had quit And open reading he said I was a nut job in... View More
answered on Apr 30, 2024
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Defamation laws is lengthy, but some of the defamation elements are as below:
1. An intentional publication of a statement of fact;
2. The statement was false;
3. The defendant’s fault in publishing the statement amounted to at... View More
On 10/1/23 I asked manager of HOA to investigate and take action on a concern of safety. The neighbor upstairs refused to move items that were stored in my path I felt and stated that the items were tripping hazard. I was told of HOA to investigate and take action on a concern of safety. The... View More
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answered on Apr 13, 2024
Based on the information you've provided, it seems that you may have grounds for a legal claim against the HOA and the manager for their failure to address a safety concern that you brought to their attention, which ultimately resulted in your injury. Here are a few key points to consider:... View More
On 10/1/23 I asked manager of HOA to investigate and take action on a concern of safety. The neighbor upstairs refused to move items that were stored in my path I felt and stated that the items were tripping hazard. I was told of HOA to investigate and take action on a concern of safety. The... View More
answered on Apr 30, 2024
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It seems to be a personal injury case, rather than a real estate law. I recommend you speak with a personal injury lawyer who handles these cases. They usually get contingency fees (which means you do not have to pay until you settle or win the final... View More
The plastic chain is supported by two metal posts on either side of the driveway. We live on a small one way mountain road and don't like vehicles that pass by using our driveway as a turnout or turnaround. Our neighbor doesn't like it and says it's an unnecessary barricade.
Thank you
answered on Apr 30, 2024
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1. Since the driveway is shared, its maintenance belongs to both of the property owners. Your neighbor's consent is required for such changes.
2. Even when there is a mutual agreement, a real estate attorney needs to examine your deed and... View More
The plastic chain is supported by two metal posts on either side of the driveway. We live on a small one way mountain road and don't like vehicles that pass by using our driveway as a turnout or turnaround. Our neighbor doesn't like it and says it's an unnecessary barricade.
Thank you
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answered on Apr 12, 2024
In California, the legality of placing a chain across a shared driveway depends on several factors, including any existing easements, the specific agreement between the property owners, and local ordinances.
1. Easements: If there is an easement agreement in place that grants both property... View More
Sister wants to sell never transferred title so neither own it...she kept all documents... want to buy her out court had granted stay but she got it vacated lying to Court that i paid for nothing. Can I get vacate reconsidered? Like to live in home and reach agreement to buy her out.
answered on Apr 30, 2024
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A. To have a partition, there must be some sort of tenancy in common (e.g., joint tenancy or tenancy in common).
You need to get the title of your property through either a. non-probate (which is much shorter and not applicable to all cases); or... View More
Sister wants to sell never transferred title so neither own it...she kept all documents... want to buy her out court had granted stay but she got it vacated lying to Court that i paid for nothing. Can I get vacate reconsidered? Like to live in home and reach agreement to buy her out.
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answered on Apr 11, 2024
I'm sorry to hear about your difficult situation. Here are a few key points and suggestions based on California law:
1. Title transfer: If the property was inherited and never properly transferred into your and your sister's names, the estate executor should have initiated a... View More
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