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 »
Government action can affect individual rights and property interests at the same time. A single decision by a city, county, or state agency may raise civil rights issues, property rights issues, or both. The right legal focus depends on three things: what the government did, which right it affected, and what legal remedy may apply…. Read more »
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 »
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 »
A property owner purchases land with a valid government permit in hand. The owner confirms with the relevant agency that the planned use is authorized. Development proceeds. Then, nearly two years after a voter-enacted growth-control measure takes effect, the government reverses course. It announces that the project had been prohibited since the day the measure… Read more »
A property owner may believe the government has gone too far. A zoning restriction, permit denial, or development condition may appear to eliminate the property’s value or prevent any reasonable use. The owner may want to bring a constitutional takings claim immediately. But a potential taking is only part of the analysis. In a regulatory… Read more »
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 »
Government does not automatically pay for what it takes or damages. Sometimes a public agency causes serious harm to private property through a project, an infrastructure failure, or a regulatory action without ever initiating a condemnation proceeding. California law gives affected property owners a legal path to seek compensation in those circumstances. That path is… Read more »
Property taxes in California do not reset to market value automatically each year. Proposition 13, adopted by California voters in 1978, limits how quickly assessed values rise while a property stays in the same hands. But when ownership changes, that protection generally does not transfer to the new owner. The assessor reassesses the property at… Read more »
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 »
