Category: Neighbor Issues

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Nuisance Law Blog Series

It is incredibly important to stay aware of remedies that are available to you in case you are experiencing nuisance from your neighbor. Here you can Read More > ...

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Appellate Court Upholds Fact-Based Determination of Nuisance

In the recent case of Mendez v. Rancho Valencia Resort Partners, LLC, the appellate court analyzed whether certain noise constituted a nuisance. The Mendezes (“Neighbor”) filed Read More > ...

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Bah Humbug! How to Avoid Legal Issues During the Holidays

Winter is the time for festive celebrations, family, friends and giving.  However, we all know there are some Scrooges out there who do not share the Read More > ...

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California’s Spite Fence Laws – Trees, Hedges, and Shrubs, Oh My!

California has had a spite fence law since 1885, and until very recently, the courts did not consider whether trees could be a “fence”. 841.4.  Any Read More > ...

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Real Estate Law Considerations for Fallen Leaves

Some Californians believe that California does not exhibit autumn colors. That is because most of the population lives near a coast, where Mediterranean plants dominate the terrain. However, Read More > ...

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Neighbor Issues Blog Series

The attorneys at the Law Offices of Peter N. Brewer have handled many disputes that arose between neighbors with respect to trees. In an effort to educate Read More > ...

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Adverse Possession Blog Series

The attorneys at the Law Offices of Peter N. Brewer have many inquiries pertaining to the adverse possession problem. As we know that it is a Read More > ...

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Can I Have My Neighbor’s Land?

As the economy has improved we have seen a steady increase in fence and boundary disputes.  This is an increasingly common issue because when owners remodel Read More > ...

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Nuisance Law Series

If you find yourself dealing with a neighborhood nuisance issue, it is very important to familiarize yourself with remedies that can help mitigate these matters. Check Read More > ...

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What Can The Government Make You Pay to Obtain a Permit to Develop Your Own Property?

Cities and counties often require payments of one form or another as a condition to granting a permit to develop property.  Thus, it has not been Read More > ...

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Court Denies Request to Adjust Lot Lines After Landslide

In the recent case of Joannou v. City of Rancho Palos Verdes, the appellate court affirmed that under the Cullen Earthquake Act, a homeowner may file Read More > ...

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2014 New Laws Impacting Real Estate – Part 1

Another year, another set of new or revised laws.  There are 100s of new or revised laws this year for California, several of which impact the Read More > ...

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Boundary Law – A Simple Way to Prevent an Adverse Possession or Prescriptive Easement Claim from a Neighbor

Landowners rarely survey their property until they are about to apply for permits for a remodel.  However, surveys can often reveal a misplaced fence, or in Read More > ...

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Adverse Possession Awarded Without Paying Taxes

In past blog articles, we have discussed the doctrine of adverse possession, and some of the difficulties in prevailing on an adverse possession theory.  In order Read More > ...

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Non-Profits Need to be More Diligent to Prevent Adverse Possession Claims

In California one can obtain title to someone else’s property through a process known as “adverse possession.” The requirements for adverse possession are (1) pay the Read More > ...

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Court Keeps it Difficult to Take Property By Adverse Possession

Recently there has been a lot of interest in adverse possession claims from the firm’s clients.  From a television interview with one of our attorneys to Read More > ...

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More Crazy Tree Damages.

In an article of just a few months ago I discussed a recent California case, Kallis vs. Sones, that discussed the potential consequences of the wrongful Read More > ...

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There Goes the Neighborhood (Part 2)…Damages Available Resulting from Nuisance

In my previous article titled “There Goes the Neighborhood,” I provided an overview of some of the activities that can constitute a nuisance.  In this article, Read More > ...

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Homeowners Association Found to Have Equitable Easement Despite Lack of Recorded Document

Sumner Hill is a homeowners association in a gated community in Madera County.  The Sumner Hill residents historically enjoyed access to a private road that leads Read More > ...

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What is this “Easement” Thing in my Preliminary Report?

Buying a home can be a very exciting time, and for most people the biggest investment in their lives.  Therefore, it is very important to make Read More > ...

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Get Consent Before You Cut, or Pay!

In a previous blog, “Get Your Tree out of my Yard” I discussed the potential issues that may arise between adjoining landowners with respect to trees.  Read More > ...

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Can the City Restrict What Kind of Antenna I Can Have?

As a general rule, the First Amendment protects one’s right to receive ‘suitable access’ to meaningful television broadcasts (seriously!).  City ordinances restricting height, screening, and setback Read More > ...

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Insurance Coverage for Damage Caused by Encroachments

A very common dispute that we see on a regular basis are encroachments on neighbor’s land.  These encroachments can be anything from a driveway, a portion Read More > ...

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Where Did My View Go? Homeowners’ Rights to Easements for Air, Light, and Views.

One of the most important features for some people in deciding whether to purchase a home is it’s view. Palo Alto and the San Francisco Bay Read More > ...

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Do Trees Qualify as a Fence Under the California Spite Fence Statute?

The California Legislature has carved out specific rules to deal with an issue that commonly causes disputes among neighbors: spite fences.   A “spite fence” is the Read More > ...

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“Equitable Easements in California” or “It’s Ok to Drive Over Your Neighbor’s Land When You’re Landlocked”

Despite modern technology, good maps, title company preliminary reports and computerized indexes at the county recorder’s office, easement issues still arise in case law and in Read More > ...

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Help, They Flooded My Property!

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Get Your Tree Out of My Yard! An Overview of Neighbor’s Rights Relating to Roots and Branches

In previous blog posts I have discussed some of the many areas of dispute that may arise between neighbors.  This article touches upon another one of Read More > ...

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3 Things to Watch for When Buying into an HOA

1. CC&R’s Contain Rules That Could Cramp Your Lifestyle. When a buyer is handed a thick stack of documents from the property management company and faced Read More > ...

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Mind The Gap! Relief for Property Owners on Slip and Fall Liability

Generally, owners have a duty to maintain their property in a safe condition, and repair any known dangerous conditions.  From a liability standpoint, the issues that Read More > ...

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We’ve Seen Some Weird Stuff

Over the years, we have encountered a number of strange fact patterns which tend to stand out in our collective memory. Below is a list of Read More > ...

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There Goes the Neighborhood…An Overview of Nuisance Law

What can you do if someone moves in to your Palo Alto neighborhood and suddenly the neighborhood you were used to has completely changed?  In certain Read More > ...

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