Business-RealEstate-Law » Boundaries

Free Land in San Diego? When Can California’s “Adverse Possession” Laws Lead to Ownership without Purchase?

sandiegolawfirm — Tue, 09 Feb 2010 18:32:50 +0000

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. Today, this reasoning doesn’t apply as well as it did during the settlement of the Old West or in feudal England, especially since most adverse possession claims aren’t brought to claim ownership of an entire property, and instead come up more often in boundary disputes between neighbors.

Adverse possession laws continue to change and every state has its own rules for establishing adverse possession, but in a “quiet title” action, California generally requires the possessor to prove that the possession was actual, open, hostile, continuous, and exclusive. Without going into too much detail, this means that there must be an occupation of the land, and the possession has to be obvious to a property owner who might inspect the property or to anyone else (such as when a trespasser paves the driveway, plants a garden or crops, fences the owner out of a strip of his property, or lives on the property). Also, the trespasser can’t share the land with the owner or strangers, except that if the trespasser leaves and another takes over the land, the possession can still be considered to continue if the trespasser had sold or given the property to that person. In these cases, the time the first trespasser spent on the property can pass to the new possessor. Some states will also look at the intent of the person in possession, and require that the possessor know he’s trespassing, while a few others instead require that the trespasser be innocently mistaken about ownership. California law additionally requires that the claimed land be designated clearly enough and be improved or cultivated. For many would-be adverse possessors, California’s biggest hurdle to ownership is our state’s requirement that the trespasser pay all of the property’s taxes and assessments (so the truth is that a squatter doesn’t get the land completely free). All of these requirements have to have been continually met for at least 5 years for a California adverse possession claim to be successful. If this happens to property you bought, then you can lose your real estate despite the fact that you have signed legal documents clearly stating that you own the property.

If you’re a property owner, be on the lookout for squatters and trespassers, because potential ownership claims over your real estate may be on the horizon. Owners with vacant property are not the only ones at risk, because there could be something less obvious and less drastic happening than someone taking over your entire property through adverse possession. For example, a neighbor may have recently constructed a fence that encroaches on your property line, paved a driveway on your land, built an extra room or other structure on your property, or simply have taken over the landscaping of a strip of your land. What’s more, even if the requirements for adverse possession are not met, a trespasser may be able to gain a right to use your property. In this situation, the person using the property may get a “prescriptive easement” because of their use of your property for a specific purpose. There are many different types of easements, but a prescriptive easement can sometimes be created if people have been using your property without your permission over a period of time. The existence of the easement may hurt the value of your real estate, so it’s important to take the steps needed early on. There are ways to allow the use of your property in writing, and without risking the creation of an easement. Not only that, but if an easement is created on your property, you can end up being responsible to another for any damage you cause to the easement. If you’re a property owner, protect your investment’s value and don’t ignore encroachments on your property, because letting time pass can be dangerous. If you believe you’ve gained the right to use a property, or even ownership in it, we’ll assess your case and seek the best route to perfect your interest. In any real estate dispute, we’ll advise you and help negotiate or otherwise resolve the matter as quickly as possible. As soon as a boundary dispute or other property concern arises, safeguard your interests and contact San Diego Law Firm’s experienced real estate lawyers at (619) 794-0243.

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It’s Your Property, But What Can Be Done If San Diego’s Zoning Laws Stand In the Way of Your Plans?

sandiegolawfirm — Wed, 18 Nov 2009 22:12:35 +0000

After 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. In the case of the local church, it had apparently been sitting on land zoned for a bar, and was told it would need a permit to continue on as a church. The congregation was allowed back several months later, but the church must still seek the proper permit in order to continue its meetings. Now the church teases on its website that it has its own version of “happy hour”: Sunday church service at 10:00 am, but it’s a safe bet that this won’t be enough to conform to the current zoning.

It’s clear that land use regulations such as zoning affect us all in our day to day lives. Zoning restrictions are an effective tool for local governments to control the development of land and the uses to which property can be put. Generally, the idea is to keep residential, commercial, agricultural, and industrial areas separate, with further restrictions applying to each category. Zoning laws can protect you from many nuisances and benefit the public at large, but at times problems arise when these regulations conflict with your personal or business objectives. From business owners making plans for the future use of commercial property on one end, to homeowners seeking to expand or make changes to their homes on the other. We’ll research and review current zoning laws and ordinances, and seek relief from these regulations when needed. For example, depending on the circumstances, you may need to obtain a variance, permit, or a zoning change. After careful preparation, we’ll handle the application process, submit any required reports, and represent you at hearings.

Also note that not all zoning regulations are legal, and we’ll assess how reasonable or unreasonable the regulations or any conditions placed on the approval of your proposal are under the law. Zoning and other land use laws, like building codes, can have serious consequences for you. With this in mind, we’ll negotiate contracts to include important contingencies when buying or leasing commercial property, advise you about the impact of zoning laws on your current or future business plans (such as when buying or starting a business), or assist with residential projects. Contact our real estate attorneys early on with your zoning or development concerns, and we’ll strategically develop your case to maximize your chances of a success. Reach San Diego Law Firm at (619) 794-0243.

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My Neighbor, My Problem: Handling a Next-Door Nuisance

sandiegolawfirm — Wed, 07 Oct 2009 16:38:02 +0000

As 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.

Generally speaking, to establish whether your neighbor’s activity might legally be a nuisance, we’ll assess how substantial the interference is. In other words, how offensive or annoying would the interference be to the average person? As mentioned earlier, the conduct must also be unreasonable, which means that the harm to you has to be greater than the usefulness of your neighbor’s actions. You should also note that just because something your neighbor has added something to their home that’s not visually appealing to you, this in itself isn’t enough to be a nuisance under the law.

Keep in mind that your neighbor’s actions may be violating local San Diego zoning regulations or ordinances, such as those regarding noise. We’ll research these laws in evaluating your neighbor’s conduct, but even if your neighbor is in compliance with the law, it’s still possible for the activity to be a nuisance. If your right to quiet enjoyment has been violated, then a court can award you monetary compensation, and if additional legal requirements are met, it may be possible to get an injunction to prevent the neighbor’s conduct.

You and your neighbors don’t have to be at war. If your neighbor is using his or her land unreasonably, contact our experienced attorneys to skillfully work to negotiate a solution with your neighbor. If needed and appropriate, we’ll seek resolution through the courts to protect your rights and interests so that you can enjoy your home again and prevent possible diminished value to your property. Reach our San Diego Law Firm real estate lawyers by calling (619) 794-0243 for legal help with any property disputes including nuisance, road access, view, or boundary line issues.

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Don’t Let Property Boundary Problems Tie Up Your San Diego Real Estate

sandiegolawfirm — Mon, 13 Jul 2009 23:09:39 +0000

As 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.

Even the famous Four Corners monument is in the wrong spot, with the real intersection of Arizona, New Mexico, Utah, and Colorado being about 1,800 feet away. Tourists don’t need to worry, though, since the states have legally adopted the Four Corners location as official.

Just as the states settled their boundary problem, you can resolve any boundary line issues you might have with your own property. San Diego Law Firm provides a variety of legal services for resolving boundary disputes, ranging from mediation to court injunctions and temporary restraining orders. We have the experience you’ll need to protect your rights as a property owner and help make your real estate ready to sell quickly if you find you need to.

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