Spot zoning in California generally means giving a small parcel zoning that differs from the surrounding properties, either allowing more uses or fewer. It raises legal concerns because the change can favor or burden one owner without a sound planning reason. A city or county may lawfully assign different zoning to a single parcel. The… Read more »
California property disclosure law requires sellers in many residential transactions to disclose certain known information about the property’s condition and other material matters. The main tool is the Transfer Disclosure Statement (TDS), a standard form the seller completes and delivers to the buyer. Sellers can also owe broader duties under the common law. A seller… Read more »
A buyer reviewing a lengthy real estate purchase agreement comes across a paragraph titled “Arbitration of Disputes.” The agreement asks for initials beside it, so the buyer signs and moves on. Six months after closing, the buyer discovers water damage the seller did not disclose. After speaking with an attorney, the buyer learns that resolving… Read more »
A homeowner submits a loan modification application in the spring. The servicer says it is “under review.” Three weeks later, a Notice of Trustee’s Sale arrives with an auction date on it. In another case, a homeowner learns only after the auction that the company that ordered the sale may never have held the loan…. Read more »
A neighbor starts building a wall that looks too close to the line. Another begins excavating near a shared boundary, or extends a structure toward the fence. The owner next door suspects the work may affect the property but is unsure how to respond. The question of how to stop a neighbor’s construction in California… Read more »
A homeowner finishes a kitchen remodel and then learns that a subcontractor has recorded a claim against the title over an unpaid invoice. On another project, a contractor completes the work and has not been paid. A California mechanic’s lien can cloud title and complicate a sale or refinancing. Whether the lien is valid depends… Read more »
A homeowner receives a notice to fix a fence that violates a setback rule. Two doors down, a similar fence has stood for years without a citation. Situations like this can raise questions about selective code enforcement in California. Cities and counties have discretion over how they enforce local rules, but they cannot use that… Read more »
A neighbor repaves a driveway, regrades a back slope, or points a downspout toward the property line. The next heavy rain leaves standing water, eroded soil, or a wet foundation on the adjoining lot. California neighbor drainage laws do not treat every flow of water across a boundary as a wrong. The law recognizes the… Read more »
A parcel without legal access to a public road can be difficult to use, finance, or sell. In limited circumstances, California law may recognize an easement by necessity that allows access across neighboring land. Being landlocked does not automatically create that right. To establish an easement by necessity, a claimant generally must show strict necessity… Read more »
Investors sometimes acquire investment property with others as tenants in common (TIC), including through a California 1031 exchange. However, the ownership label alone does not determine the tax outcome. Eligibility depends on the actual ownership structure and applicable federal requirements. A TIC arrangement does not automatically qualify for Section 1031 treatment. If the co-owners operate… Read more »
