Legal Question in Real Estate Law in California

Ciy lost document on the house, Claims no pemit, wants me to demolish

Hi

I have house in fremont, ca, There is garage and rumpus room in the back (Detached) City has lost all document on the house. No permit , no plans, no architecture info all lost. Now city Claims that Garage is built without a permit.

Previous owners paid taxes specifically on Garage and rumpus from 1962-1983 and then paid taxes on the sale price of the house. I have the document to show tax has been paid. Tax record also show the picture of garage and rumpus room since 1962.

Now city is asking me to demolish my garage and rumpus room

What can I do ? Can I sue them , what about the taxes city is sitting on for last 50 years. What is the procedure to sue local goverment ? I can't sue them in small court because there is no money involve. I just want judge to say that Garage and rumpus are legal and can stay.

Any help is appreciated.


Asked on 9/07/05, 7:05 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Ciy lost document on the house, Claims no pemit, wants me to demolish

A suit is probably not possible until you have exhausted your so-called "administrative remedies." You may want to start with a little research into how you appeal determinations of this kind within the city department involved. Ask the department head. You could ask the City Attorney about the process. You could also ask an elected official such as a council member. If this fails, as it may, see a local attorney who can satisfy you that he/she knows his/her way around City Hall -- plenty of experience before local boards and departments.

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Answered on 9/07/05, 7:25 pm


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