Tree disputes between neighbors are more common than most people expect. A tree grows across a property line, branches extend into your yard, or roots start damaging structures. At that point, a simple question turns into a legal issue: can you cut your neighbor’s overhanging tree branches in California? California law does allow property owners… Read more »
Posts Categorized: Property Rights Attorneys
Who Pays for Fence and Retaining Wall Repairs in California?
Disputes over fences and retaining walls are one of the most common sources of conflict between neighbors in California. A fence starts leaning, a retaining wall cracks, or soil begins to shift, and suddenly the question becomes unavoidable. Who is legally responsible for the repair costs? The answer depends on the type of structure, how… Read more »
Who Is Responsible if a Public Project Floods Your Property in California?
A flood hits your property after a nearby public project begins construction or modifies drainage in your area. Water enters places it never reached before. Structures, land, or landscaping suffer damage. At that point, one question becomes urgent: can you hold the government or public agency responsible for the flooding damage? In California, the answer… Read more »
Who Pays for Mudslide Damage After a Wildfire in California?
A wildfire tears through a hillside. Vegetation disappears, and the soil loses stability. Then, weeks or months later, heavy rain hits. Mud and debris rush downhill and destroy homes that survived the fire itself. At that point, many property owners ask a difficult question. Who pays for mudslide damage after a wildfire in California? This… Read more »
Government Entry on Private Land in California: Precondemnation Testing Limits
Property owners in California sometimes receive unexpected requests from government agencies asking for access to private land. These requests often involve soil testing, environmental inspections, or surveys conducted before any formal eminent domain action begins. Understanding precondemnation testing limits in California is important because it determines when the government can lawfully enter private property and… Read more »
Can the Government Take Your Land in California? What SB 440 Means
Property owners across California are starting to hear about new regional housing authorities and what they might mean for land use. As the state continues to push for more housing, these entities are taking on a larger role in how development gets planned and funded. Under SB 440 California, regional housing finance authorities now have… Read more »
Property Damage from Public Projects in California: Your Legal Rights
Public projects often promise improvements like better roads, upgraded drainage, or expanded infrastructure. However, these projects can also create unexpected problems for nearby property owners. Flooding, erosion, or debris buildup may appear after construction begins or even after the project is complete. When that happens, the question becomes simple. Why should one property owner bear… Read more »
How to Remove Restrictive Covenants in California Under AB 1050
Many property owners in California discover a serious issue only after they plan to build or sell. A title search reveals a restrictive covenant that limits how the land can be used. In some cases, the restriction blocks residential development, limits redevelopment, or creates uncertainty during transactions. California law now provides a clearer path to… Read more »
Knick – A Victory for Constitutional Property Rights
Imagine that the local government passes an ordinance that makes it impossible to develop your property. Worse, it requires that you provide the public access to your property, whether you want to or not—effectively denying your most basic property rights. To top it all off, the local government says it isn’t going to pay you… Read more »
Does Justice Thomas Still Believe In Private Property Rights?
There are few constitutional rights more established than the right to own private property. Historically, there have been few Supreme Court justices that property law attorneys can rely on to consistently protect that right more than Justice Clarence Thomas. Yet, in the past six months Justice Thomas has released two opinions that should make… Read more »