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 »
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 »
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 »
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 »
A neighbor regularly drives across part of your driveway. Someone uses a path through your land every day for years. At first, the situation may seem harmless or temporary. However, over time, that continued use can create serious legal questions. In California, long-term use of another person’s property may lead to a prescriptive easement, which… Read more »
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 »
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 »
A common law system (one where previous court opinions define the meaning of the law) can be very useful. It can also result in some rather bizarre arguments being taken seriously, and even garnering the support of some members of the Supreme Court. Case in point: the plaintiffs position in Schuette v BAMN which the… Read more »
For many in California the 2008 housing crisis never ended. Currently, thousands of California homeowners are behind or struggling to make mortgage payments on homes that simply are not worth what they agreed to pay when they took out their mortgage. To accommodate these unfortunate circumstances, a distressing number of California cities are now contemplating… Read more »
The United States Constitution provides that the government may not take your property without due process of law. In the criminal law context that usually means that you cannot be punished, or have your property taken unless the government can prove that you committed a crime. Yet, in states and cities across the country, property… Read more »
