Legal Question in Real Estate Law in California

Zero Lot Property So. Cal.

Hi, I bought property in '97 with a shed in side yard next to neighbors house. Not touching - self contained. Was listed as selling point in flier for the house. We are 3rd owners - 1st owners installed it. Now neighbors are saying I need to remove it - they've been here the whole time from the original owners.

1. Shouldn't it be grandfathered in?, Was not a problem the first 9 years then they complain in '05 had hearing with HOA 9/05 the President of the HOA said they had set precedent in not doing anything about it so I thought it was grandfathered in. They normally have 45 days to approve or deny a request. If nothing it's automatically approved. So essentially didn't they approve it again?

2. Statue of limitations for them to come back and have the shed removed from the time it was installed in 89/90? We've been here since 10/97, previous owners were here 3 years so I know it's been here at the very least 15 years.

There is a house with a shed in approx. the same location on another steet that just showed up about 6 months ago with board members across the street and two doors down.

Do I have any legal leg to stand on not to remove it? Thank you for your help.


Asked on 7/26/08, 11:03 pm

1 Answer from Attorneys
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Zero Lot Property So. Cal.

I have experience in easements, adverse possession, doctrine of agreed boundaries, and related property issues. If you are interested in hiring an attorney, you may contact me to discuss.

Disclaimer: Nothing herein constitutes legal advice. No attorney client nor confidential relationship is created. You may not rely on attorney nor anything communicated unless and until an attorney-client relationship has been formed. Your issue may be time sensitive, requiring you to act immediately to prevent loss of your rights or harm to your interests.

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Answered on 7/26/08, 11:47 pm


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