Trees and Other Plantings

A few cities and counties in California restrict tree height to preserve views; most do not.  However, if your home is in a planned development where views were an important feature of the initial home sales, your development’s CC&R’s may limit the height of trees, and provide that trees over a certain height must be trimmed or removed.  CC&R’s may also limit or forbid hedges or other tall plantings within a certain distance from one or more of the property lines. 

If a neighbor’s tree has branches that overhang your property, you have the right to trim those branches back to the property line.  You also have the right to dig down and sever tree roots that have come under your property and that are cracking your pavement or invading your water or sewer line. However, you need to use care in this, since you will be responsible if your root trimming destabilizes a tree and causes it to fall and damage the neighbor’s property.  If root trimming cannot be done safely, it is best to either reach an agreement with the neighbor to share the costs of removing the tree, or to seek a court order that the tree be removed because it is a legal “nuisance.”

If your local power utility is notified that a tree is touching power lines, the utility will send workers to trim the tree back, for the sake of public safety.

            Weeds and Trash

Your CC&R’s may also protect your views and property value from harm due to weeds, trash, and other unsightly items on your neighbor’s property.  For example, many CC&R’s forbid clotheslines, garden sheds, and lawn equipment from being kept outside on any lot within the development.  In addition, California cities and counties all have code enforcement divisions with responsibility for ordering the clean-up of properties with extensive junk, trash, and debris in public view.  Once they receive a written complaint in the proper form, they will investigate to decide if the situation is bad enough for them to order the owner to clean up the property or reimburse the public agency for the cost of clean-up.  If you have no protective CC&R’s and your code enforcement agency does not deem the situation serious enough to get involved, you may still be able to obtain a court order for your neighbor to clean up their property if it is so full of weeds, junk, and trash that it is a public nuisance. 

            Buildings, Fences, and Improper Uses

CC&R’s often restrict the size and type of fences, building additions, and free-standing structures that can be added to lots in the development.  CC&R’s also may prohibit homes from being used for any commercial purpose, which becomes particularly important to surrounding residents when a neighbor’s commercial use of a residential property is an unsightly or noisy one, such a car repair business.

Building regulations and zoning laws also place limitations on fences and structures on residential lots, and zoning laws generally restrict or prohibit commercial activities on residential lots.  Again, your city or county code enforcement division will often take steps to enforce these laws and regulations once they become aware that a violation exists.

California’s Coastal Commission also has long and detailed regulations covering buildings on private property that are in the coastal zone. This is a complicated area of law, and a homeowner who is not in compliance with all Coastal Commission regulations may find that if they complain about a neighbor who blocks their views, the neighbor may retaliate by filing their own Coastal Commission complaint.  For this reason, a lawyer and an architect familiar with coastal regulations should always be consulted before the initial complaint is filed.  

            Spite Fences and Structures

California law forbids property owners from erecting “spite fences” or other structures that are not being used for any purpose other than to block a neighbor’s view.  Although these are rare, it may be possible to obtain a court order requiring the spite fence or structure to be removed by proving the lack of any practical purpose for the fence or structure, and by proving that a long-standing dispute over views or boundaries preceding the building of the fence or structure.

If your views and enjoyment of your property are being impaired by a neighbor’s trees, fence, building, or unsightly use of their property, the skilled real estate attorneys of San Diego Law Firm can help you. We have years of experience in obtaining property owners’ compliance with CC&R’s, California state laws, and local property laws and regulations through negotiation, mediation and court injunctions. We generally start with friendly outreach to seek your neighbor’s cooperation, and only take more formal steps if no cooperative agreement can be reached.  We work to minimize the time and expense of legal proceedings, to get the best outcome possible given the circumstances, and to set up a methodology and lines of communication to help you and your neighbors avoid future conflicts.  For experienced, concerned help with any real estate problem, please call San Diego Law Firm at (619) 794-0243.

In the small town of Derby Line, Vermont stands a beautiful 110 year old Romanesque-style library. The Haskell Library appears to be a typical Vermont library, but its location is particularly strange. The building sits directly on the border of Ontario, Canada and Derby Line, Vermont. You enter the Library in the United States, but walk to the circulation desk, and you’re in Canada.   

Because of this peculiarity, for many years the Haskell Library enjoyed informal immunity from restrictions on international border-crossing, and people from both countries entered the library by parking and coming through the front door.  However, a recent Seattle Times article reported that crackdowns on border enforcement have changed the views toward letting the Haskell Library slide on international border enforcement.  Now, Canadian citizens have to go through a separate checkpoint before they enter the library.  

Boundaries in Everyday Life:

The above scenario is just one example of how borders and boundary lines can affect the lives of those living near or on them. From a legal standpoint, boundary lines play an important role in property ownership as well. Many homeowners forego having their property surveyed before buying or selling it. This can cause confusion as to where one property ends, and another begins.

Under the assumption that their property extends to a certain point, a homeowner may erect a garden, fence, or other structure on a part of the land they believe is theirs. Unfortunately, in many instances the land is not theirs. This mistaken (or sometimes malicious) encroachment onto another’s land causes frequent headaches in the court system.

There are several actions that may be taken to handle property encroachment. A homeowner who finds that someone has encroached on his property can seek a court order to have the encroachment removed. Or, the homeowner can sell the encroached-upon piece of their property to the encroacher for a fair price, or lease the land to the encroacher for a fair rental value. Whatever action is chosen, it’s important that the homeowner not ignore the encroachment problem.

This is because adverse possession – meaning possession that is openly visible and contrary to the interests of the homeowner – plays a role in boundary disputes. If a person continuously uses a piece of land that is not theirs, for a specific period of time, the law will often permit that person to bring a lawsuit to “quiet title.”  The result can be that an encroacher who pursues a quiet title lawsuit ends up owning a piece of the homeowner’s property. Typically, in these situations the encroacher using the homeowner’s land is also required to pay the taxes and make improvements to that portion of the land.

Because most homeowners do not want to lose part of their property to an adverse possession claim, it is important for them to take action if they suspect someone may be encroaching on their land with a building, fence, pathway, landscaping or other something else.  If you think that your land may have been encroached upon, contact one of our experienced real estate attorneys at San Diego Law Firm. Our attorneys can help you with all boundary line issues and issues arising from neighbors using your land.  Contact San Diego Law Firm today at (619) 794-0243 to schedule an appointment.

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.

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.

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.

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.