My father, deceased, and my brother along with I are on the grant waiver deed. My brother sold me the property in 2008 and I want the grant waiver deed rescinded so my neighbor and I can get a lot line adjustment since a part of his house is on my property. Please advise.
answered on Mar 29, 2023
A grant waiver deed is a legal document that transfers ownership of a property from one party to another. In order to rescind a grant waiver deed, you would typically need to go through a legal process to have the deed invalidated or cancelled.
If you and your brother are both listed on the... Read more »
The HOA board wants to use DS 4275 or force the approval of proposed CC&Rs. Homeowners are not in support for numerous reasons, use restrictions, pet restrictions, waiver of rights, broad powers to invade privacy and enjoyment, etc.
What is the process for owners to file opposing... Read more »
answered on Mar 21, 2023
In California, the process for homeowners to oppose amended CC&Rs and challenge the HOA board's use of DS code 4275 would generally involve the following steps:
Review the current CC&Rs and proposed amendments: Homeowners should carefully review the current CC&Rs and any... Read more »
The fine was disputed at a virtual hearing a week ago, with compelling factual written appeal rebuttal provided in advance. There was a hearing officer (layperson) from a company in California that acts for smaller city ordinance collection efforts being disputed, as well as the CC ordinance ticket... Read more »
answered on Mar 15, 2023
If the property owner wishes to appeal the decision made by the hearing officer and challenge the fine in court, they will need to file an appeal within the specified timeframe (which you mentioned as 10+ days) and pay the required filing fees. The exact process and cost of an appeal can vary... Read more »
I like to collect rocks & minerals on local beaches in California and would like to start selling these on Etsy and my own website. Is that legal? I plan to polish some of the rocks using a tumbler and other polishing equipment and also plan to turn the rocks into jewelry. Some of them I would... Read more »
answered on Mar 4, 2023
In general, it is legal to sell rocks and minerals that you find on a beach, as long as you have permission to be on the beach and are not removing rocks or minerals from protected areas, such as state or national parks. However, there may be certain restrictions or regulations regarding the... Read more »
Pge has offered up a amended release for her to sign separating the two claims. History: valley fire. road comes in canyon and splits across creek to left and my easement continues straight up right side . At Y of this road is where 30 ft of corner parcel owned by neighbor unwilling to sign... Read more »
answered on Mar 3, 2023
Here are some general principles that may apply to your situation:
Easements: If your neighbor has an easement over your property, she may have a right to use the portion of the road that runs across her parcel. However, this does not necessarily mean that she has a claim against PG&E... Read more »
HOA is charging $50 per day a unit is rented without HOA consent. The waiting list to rent has not changed for close to ten years or so. CCR has a waiver, but HOA refuses to consider it. Our daughter was born premature and has a respiratory health issue. The complex prohibits smoking in the... Read more »
answered on Feb 24, 2023
Yes, owners have the right to take their HOA to court if they feel that the HOA has violated their rights or breached their obligations under the governing documents, such as the CC&Rs (covenants, conditions, and restrictions) and bylaws.
In the scenario you described, it seems that the... Read more »
My neighbors didn't want to help with the bill for replacement of fence we ended up paying for all 3 side's. Now one of them want to add a travel trailer access gate connected to my fence they didn't want to pay half for
answered on Feb 20, 2023
If you paid for the replacement of the fence on all three sides, it is likely that you own all three sides of the fence outright. However, it is always best to review the property lines and deed to confirm ownership.
As for the request to add a travel trailer access gate, since the gate... Read more »
Another unit owner in the complex currently has his belongings in my detached garage and is claiming ownership because he has a quitclaim deed given to him by the HOA. It shows on my grant deed and title that I am the sole owner and should have exclusive access to the garage unit. How am I Legally... Read more »
answered on Feb 20, 2023
You may want to consult with a real estate attorney in your area to discuss your legal options for removing the other unit owner's belongings. It may be possible to file a lawsuit to have the quitclaim deed declared invalid if it was not legally obtained, or to seek an injunction to prevent... Read more »
answered on Feb 20, 2023
It depends on the specific laws and regulations involved. In California, for example, the State Department of Housing and Community Development has the authority to set minimum standards for the installation and construction of manufactured homes, but local governments are also allowed to enact... Read more »
Property in Los Angeles with unregistered dwelling units is the subject of a habitability complaint that includes a challenge to RSO status. The property is under contract for sale and subject to a conservatorship, where the court has yet to approve the sale. Should a lis pendens be filed by the... Read more »
answered on Feb 20, 2023
In California, a lis pendens is a written notice that is filed with the county recorder's office when a lawsuit is pending involving title to, or possession of, real property. The purpose of a lis pendens is to provide constructive notice of the lawsuit to anyone who may be interested in the... Read more »
answered on Feb 20, 2023
The San Bernardino County Building and Safety Division has the authority to enforce building codes and regulations in the county, including the power to enter onto private property for inspections or enforcement actions, provided they have obtained the necessary warrant or consent from the property... Read more »
Access consists of @ 300 feet of dirt road. During this winter neighbor's use created ruts and mud puddles which has made access to my property challenging if not impossible during rain and snow season. The neighbor lives on property full time and I use my property recreationally 2-4 times per... Read more »
answered on Feb 19, 2023
If there is no specific maintenance agreement in place, you may want to consider negotiating a maintenance agreement with your neighbor to address your concerns. The agreement should be in writing and signed by both parties to be legally binding.
In general, the owner of the easement has a... Read more »
The trustor is the administrator of the estates. The property is in unincorporated Los Angeles County (RSO just cause)
The lessee is the administrator
Which notice would be required 3/60/90 ??
The property is also on Agricultural land (1161(2))
answered on Feb 19, 2023
Section 1161a of the California Code of Civil Procedure relates to the unlawful detainer of a property by the trustor, or a person who holds the legal title to a property in a trust. This section allows for the trustee or beneficiary of the trust to bring an unlawful detainer action against the... Read more »
Is parking to neighbor's driveway legal? I want to know what action can I take. I do not know the owner of the vehicle.
The vehicle is blocking my car to get out of the garage.
Thanks
answered on Dec 17, 2022
Call your local police or sheriff's department and have them tow the vehicle.
I have someone squatting in my garage, it is not habitable. I told her she could rent the space to do online Webcam but that she couldn't live there, she's now been living in it for a month. This is a code enforcement issue, she's also doing drugs, has I violent dog, and has... Read more »
answered on Oct 7, 2022
Illegal evictions are not allowed in California. You must go through the proper channels to obtain an eviction. That being said, the tenancy itself is illegal due to the garage not being a habitable structure.
An inspection warrant was served upon my property. The probable cause was was due to noise complaints, per fire marshal. No evidence of existing health or safety violations, or noise citations. Accused of selling alcohol, w/out evidence. Warrant looked incomplete, no Seal, no clerk stamp, and... Read more »
answered on Oct 7, 2022
You will need a lawyer with experience in dealing with code enforcement issues with local governments.
Inspection warrants need to be issued by a judge on a showing of some probable cause to issue the warrant. You should have been given a copy of the warrant, which you can give to whatever... Read more »
this company next door to where I live wrongfully kick this out of where I live call the cops on us .causing us pain and suffering my animals have died and they locked it up fenced it so I can't go in
answered on Oct 4, 2022
Sorry to hear that. Why were you removed? [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
2) supposed to be an election to vote for a member by the residents?
answered on Sep 23, 2022
Please see my responses to your several other questions about the same thing. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
I'm 68 retired us veteran city took my home using code inforcement. Then court appt reciever
answered on Aug 19, 2022
You should look for a lawyer with experience handling both elder abuse claims and civil rights cases. You might also contact the local ACLU office and ask for their help.
Do not delay because every moment counts.
There's no contract or agreement..
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
