You may remember hearing stories about the old days in the Wild West when people could take control of someone else’s empty land and have it become theirs. In modern times, possession can still lead to ownership, which means that even the most expensive of San Diego real estate can still fall into the hands of another, and all without paying a penny to the owner on title. The beginnings of adverse possession actually started long before the American Old West even existed, and traces back to old English law during feudal times, when starving peasants cultivated and lived on portions of property that wealthy landowners had left unexploited. In part, adverse possession law survives throughout the country (including California) because of its underlying principle that land should be put to use, and if its owner seems to have abandoned the property, then someone else should develop it. (more…)
Archive for the ‘Boundaries’ Category
Free Land in San Diego? When Can California’s “Adverse Possession” Laws Lead to Ownership without Purchase?
Tuesday, February 9th, 2010
It’s Your Property, But What Can Be Done If San Diego’s Zoning Laws Stand In the Way of Your Plans?
Wednesday, November 18th, 2009After meeting in the same location for more than two decades, a local San Diego County church was told by the county that its members could no longer meet in its usual church building, reports Anne Krueger of the San Diego Union Tribune. It’s also reported by a San Diego Union Tribune AP article that several hundred miles north of San Diego, nine Fresno area medical marijuana dispensaries have been ordered to shut down. Elsewhere, in the affluent coastal city of Palos Verdes Estates in Los Angeles County, a homeowner currently faces misdemeanor charges for allegedly running her home as a “party palace,” as detailed by Jeff Gottlieb in the Los Angeles Times. What do these stories have in common? Accusations of zoning violations. (more…)
My Neighbor, My Problem: Handling a Next-Door Nuisance
Wednesday, October 7th, 2009As a homeowner, you have many property rights, including the right to enjoy your home. Not everything your neighbor does that you don’t like can legally be considered a nuisance, but when your neighbor’s activities or the conditions on their property significantly and unreasonably interfere with your own right to use and enjoy your land, there’s a “private nuisance.” A nuisance occurs even though your neighbor hasn’t stepped foot on your property. If there has been a physical entry by someone or something onto your land, then there may be a trespass. When actions interfere with the health, safety or property rights of the community, then there may be a “public nuisance.” Common examples of nuisances caused by neighbors or nearby businesses can range from excessive noise, offensive odors, air and water pollution, or excessive lighting that seems to replicate that daytime feel in the middle of the night. (more…)
Don’t Let Property Boundary Problems Tie Up Your San Diego Real Estate
Monday, July 13th, 2009As you drive through San Diego neighborhoods and see homes for sale, it seems there may be more and more St. Joseph statuettes buried beneath for-sale signs. Why, you ask? The Los Angeles Times reports that many desperate home sellers are burying the statuette in hopes that it will help sell the home faster. In the article, Father Lee of Chicago’s St. Joseph Catholic Church calls the practice “ridiculous.” If he’s right and burying statuettes won’t help, what should you do instead to increase your home’s marketability? In stressful economic times, it’s important to resolve boundary line disputes. That way, if you find you need to sell your property quickly, legal problems won’t stand in the way. Fences, driveways, trees, and other encroachments can all create boundary problems that may interfere with your property rights. (more…)
