Property Rights Law
Property rights are the foundation of all liberty. For this reason, the Sacramento and Los Angeles property rights attorneys at Kassouni Law are dedicated to fighting for property rights whenever they are under assault. Our mission is to rigorously defend clients’ Constitutional property rights against government and private abuse throughout the state of California.
Property is surely a right of mankind as real as liberty.”
– John Adams
Under California common law, various rights are attached to the title of your property. Those rights were held and enjoyed by the previous owner, and were passed to you with the sale or transfer of the property. Indeed, the title to your property would be meaningless if it did not entail the bundle of rights which allow you to use and enjoy your property.
But, what are these rights?
First and foremost, the common law recognizes that the right of property ownership is the right of exclusion. Private landowners hold exclusive dominion over their property. Thus, in a very real sense, your property is your private fiefdom. Indeed, you may permit guests or visitors to enter your property at your discretion. They may enter only on the terms that you allow, and you may generally refuse the public access.
Where someone enters your property without permission or privilege, they are violating your property rights and are guilty of trespass. This tenant of property law is so fundamental that government cannot invade your property—even on passing a law to allow its invasion—without incurring an obligation to pay for the interference to your property. Likewise, government cannot coerce you to waive your right to exclude the public as a condition of receiving the benefit of a permit or something else that you may need. Moreover, the law’s strong protection against trespass applies both against private individuals and public actors, with very limited exceptions.
It is also important to realize that the common law protects your right to use your property in any reasonable manner that you should like, unless it is creating a hazard. Your property rights extend upwards into the sky and downwards—technically all the way to the center of the earth. As such your property rights protect more than just physical space; they protect the mineral rights below and the reasonable use of the space above. Moreover, you generally retain these rights to use your property as you see fit unless you have entered into some contractual agreement to limit your rights, or unless the federal, state or local land use authorities have imposed restrictions.
Protecting Your Property
Though government may place limitations on what you may do with a property, it must always allow you to develop your property in some manner. Otherwise government must pay you for the value of your land. Furthermore, the California Constitution protects your right to acquire, use and protect your property. Accordingly, you have the right to protect your property against destruction or damage from private individuals and public actors.
If you have questions about your property rights, you should not hesitate to contact the California property rights lawyers at Kassouni Law. It is always prudent to get advice from a trusted attorney. The attorneys at Kassouni Law are available to give honest and straightforward advice to all clients. We can help you decide whether you are in a position to pursue legal action, and advise you as to what course of action you should pursue to protect your rights. The seasoned Sacramento and Los Angeles property rights attorneys at Kassouni Law can help you form a plan of action to obtain positive results (877) 770-7379.