Generally, yes. California property owners do not automatically have a legal right to an unobstructed view. A neighbor can usually plant trees, build structures, or make landscaping changes that block a view, as long as those actions comply with applicable laws and property restrictions. The answer can change when an easement, CC&R provision, private agreement,… Read more »
Posts Categorized: Sacramento Property Rights Attorneys
Free Speech Rights on Private Property in California: What the Law Says
Whether someone may speak on private property often depends on who owns the property and what legal protections apply. On government property, such as a public sidewalk or park, the First Amendment limits what the government can do. On privately owned property, the analysis changes. The First Amendment generally protects speech from government restrictions. It… Read more »
Temporary Takings in California: Can Government Delay Require Compensation?
Temporary government action can interfere with a property owner’s ability to use, develop, or obtain value from private property. When that interference lasts for a limited period, it may raise questions about whether the government has temporarily taken property rights without providing compensation. A temporary restriction does not automatically avoid compensation simply because the government… Read more »
Takings Clause vs. Due Process in California Property Law
A city rezones a property, cutting its development potential in half. A county denies a permit without adequate notice. A planning commission conditions approval on dedicating private land. A state agency physically occupies part of a parcel for a utility corridor. Government actions affecting property can raise constitutional issues, but not all of them raise… Read more »
Unconstitutional Conditions in California: When Government Demands Too Much
A property owner applies for a development permit. The city approves it, but with a condition: dedicate a strip of land for a public trail. Or pay a large fee. Or grant public access across private property. The owner wonders whether those demands are legal. Sometimes government conditions on permits are perfectly valid. A city… Read more »
Can You Get an Injunction in a California Property Dispute?
A neighbor begins clearing land near your property line, and you believe the work is about to cross onto your property. A utility company shows up to install infrastructure you believe goes beyond what its easement allows. Someone has started using your private road without permission, and they show no sign of stopping. In each… Read more »
Can a Government Expand Its Use of an Easement on Private Property?
An easement gives someone a limited right to use another person’s property. When the government holds that right, the property owner still owns the underlying land. What the government can do on that land is defined by the easement’s terms and applicable law, not by what the government eventually decides it wants to do. The… Read more »
How to Force the Sale of a Co-Owned Property in California
Owning property with another person can work smoothly for years. However, disputes often arise when co-owners disagree about selling, managing, or using the property. One owner may want to sell, while another refuses. Inherited homes, investment properties, and family-owned real estate frequently become the center of these conflicts. When negotiations fail, California law allows co-owners… Read more »
Can You Sue a Seller for Not Disclosing Property Defects in California?
Buying a home should feel straightforward, but problems often appear after closing. A buyer moves in and discovers water damage behind walls, a cracked foundation, or unpermitted construction. At that point, frustration turns into a legal question: can you sue a seller for not disclosing property defects in California? In many cases, California law requires… Read more »
Can HOAs Ban Short-Term Rentals in California in 2026?
Short-term rentals through platforms like Airbnb and Vrbo have become a major source of income for many homeowners in California. At the same time, homeowners associations (HOAs) have increased restrictions on rental activity in residential communities. This raises a key legal question: can an HOA legally ban short-term rentals in California in 2026? The answer… Read more »