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California Land Use & Zoning Questions & Answers
1 Answer | Asked in Copyright, Insurance Bad Faith, Intellectual Property and Land Use & Zoning for California on
Q: Question, if this property belongs to the Indian reservation and the individual took it out unauthorized with a deed,

It would be considered fraud or no?

John Brian Hudak
John Brian Hudak answered on Jul 1, 2020

Consider contacting a local pro bono attorney group related to the issue. The specific facts would need to be reviewed to understand what happened and any possible wrongdoing.

This answer includes generalizations and there are many caveats. This answer does not form an attorney client...
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1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for California on
Q: Q: Can I be Fined by HOA Board in 2019 for Not Obtaining a Bldg. Permit to build a Room Addition approved by HOA in 2013

I added a Utility Room to my Mobile Home completely Un-Attached and Free Standing. I received HOA Board Approval and was NEVER Told in 2013 I also needed a State Building Permit.

Maurice Mandel II
Maurice Mandel II answered on Jun 27, 2020

It is possible that the construction without obtaining all necessary permits could violate a HOA rule or regulation and could result in their imposition of a fine. You should consult with the City building department regarding issuance of a permit or whatever they would want after the fact. This... Read more »

2 Answers | Asked in Estate Planning, Constitutional Law, Land Use & Zoning and Landlord - Tenant for California on
Q: recently sited for a few things on a property my problem because opandemic I wasn't Able to take care of it what can I
Maurice Mandel II
Maurice Mandel II answered on Jun 11, 2020

If you have a citation that requires a court appearance, you need to contact the court about your situation either in person or in writing, include a copy of the citation. Failing to respond could subject you to additional penalties and be considered an FTA- failure to appear. If the citation is... Read more »

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1 Answer | Asked in Insurance Bad Faith, Land Use & Zoning, Personal Injury and Real Estate Law for California on
Q: Who is liable for a brick wall between city and personal property.

I have kids jumping a brick wall all the time and falling on my yard. The wall runs across my property line from front yard to back yard. The other side is a tree shrub area, sidewalk and street. I want to know if I hold any liability if one of these kids get hurt? Also can I put signs up that face... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 30, 2020

MORE INFO NEEDED.

YOU ARE POSTING ON A PI OR DUI SITE.

YOU NEED TO CONTACT A REAL ESTATE LAWYER.

1 Answer | Asked in Animal / Dog Law, Land Use & Zoning and Small Claims for California on
Q: Am i responsible if my neghbor put a plastic runner on my chainlink fence on their side but my dogs chewed it up?

The fence runs the perimeter of my property and the side that faces the neighbor sometimes gets grass onto her side and she doesnt like grass getting in because she keeps her yard down to the dirt. So she put a plastic runner but i have dogs and they are known to chew so i want to know if im going... Read more »

William John Light
William John Light answered on Apr 23, 2020

If the fence and runner are on your property, then you are not responsible. If the fence is a property line fence, both property owners effectively own it and are responsible to maintain it.

If your dog damaged a property line fence, you are responsible to repair it. More importantly,...
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1 Answer | Asked in Land Use & Zoning for California on
Q: can a conservation easement holds steal the land?

if the landowner dies and the easement holder goes bankrupt can a third party move in, steal the land?

John Francis Nicholson
John Francis Nicholson answered on Mar 5, 2020

You have provided nowhere near enough facts for anyone to answer your question with an informed opinion. That being said, I think it would be fair to say that no one can come in and "steal the land."

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: If an easement runs with land in Ca and then the land goes through a judicial foreclosure... does this break easement

Related to a sign on commercial Ca property where there were easements made that run with land for access to sign .... but people are not paying and property taxes up. Can we remove their signs ?

George W. Wolff Esq.
George W. Wolff Esq. answered on Feb 11, 2020

Usually an easement would survive a judicial foreclosure.

2 Answers | Asked in Land Use & Zoning, Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Do you have same rights as a renter, if you are offered Free Rent in exchange for labor fixing the house up?

Ive been offered a house Free Rent just to fix it up. It has a lot wrong with it. Needs toilet, tub put in, new electrical box, trees trimmed, trash cleaned up cause homeless have been coming and going. All kinds of things. I was told that even after everything is fixed I could stay there rent free... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 30, 2019

I see this pattern a lot in my business. Here is some advice to protect you. write a contract for a nominal rent. Have the landlady agree that you will charge market fees and that she will pay for all supplies.

Each month tally your work and then deduct the nominal rent. If there is a...
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2 Answers | Asked in Contracts, Business Law, Land Use & Zoning and Landlord - Tenant for California on
Q: I live in a mobile home park. There is a stream that runs under my mobile home. A walk bridge is build directly behind

my Mobile home. I pay rent on space. The bridge is rotten and needs repairs. Am I wrong thinking the park owners are responsible for repair?

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jun 6, 2019

No. Your park owner has the responsibility of maintaining his property.

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: I bough a land on 2017 and now they said half of the land I bough isn't mine, what do I need to do on this?
Vincent Gallo
Vincent Gallo answered on Apr 23, 2019

It would be wise to file a claim under your title insurance policy.

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for California on
Q: I've been living in this house since 2014 is now 2019 I have tried to work with the landlord to fix certain things in hi

I have no heat water leaks from the ceiling the light fixtures you can cut the lights on when it rains cuz the water come through the lightbulb the world least outside I have mold in it in the garage on complete bathroom in the garage windows missing holes in the roof I've been living like... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Mar 30, 2019

You need to hire an attorney ASAP. Best of luck.

1 Answer | Asked in Civil Litigation, Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Q: Can I sue my landlord for breach of contract emotion distress among other things as well. My landlord will not honor

Our agreement on my having my bf sleepover on occasion.we agreed that he'd pay $20 per night it was never discussed any limit or that special rules . I even asked so we could be clear on all the rules my landlord refused to discuss it and for.now reason now banned him from.evrn coming into the... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Mar 27, 2019

Your landlord is a jerk and may be acting illegally. You have a right to have visitors in your apartment. If you rent a room in his house, that may be different. If he interferes with your BF visiting you, notify him that he is not staying overnight. See what he says about that, If he says he... Read more »

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Q: What motion can I file at this point? Originally my mom was being sued by a tenant in common.

The plaintiffs lawyer just asked for a judgement to be found by the court. My dad made the actual payments on the land. After he was murdered at a job that he took at the in insistence of the plaintiff, the plaintiff paid the taxes. Til his death my dad had been paying all expenses including the... Read more »

Thomas A. Grossman
Thomas A. Grossman answered on Feb 11, 2019

There is not enough information in your request for me to give you a decent answer to your question. I don't know what Court you are in, or in which County the case is pending; I don't know who the "tenant-in-common" is that you refer to. Is it your mother or someone else?... Read more »

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... Read 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, Esq.
Ali Shahrestani, Esq. 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,... Read 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... Read 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... Read 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... Read 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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