Legal Question in Real Estate Law in California

Re: property line

Mr. McCoy may be incorrect when he suggest that if your garage violates the setback requirement, then you would have to rip it out.

You need to check your city's local ordinance to see whether or not your non-compliant garage would be "grandfathered" in.

For example, in Malibu, the local ordinance states as follows:

"17.60.020 Structures.

A. Any structure which was lawfully erected or was entitled to be erected as of March 26, 1993 by virtue of Section 17.02.040(C), and which does not conform to the design and development standards or lot development criteria of this title, or any subsequent amendments thereto, may be continuously maintained and shall be treated in all respects as though in full compliance with this title."

So, in Malibu, if you lawfully built your garage, or you were entitled to build your garage, before March 26, 1993, then even if it did not conform to current setback requirements, you would be entitled to keep it.

You can usually find your local ordinances on your city's website, or call your city offices.

Re: property line

So long as there is no local ordinance requiring a setback from property lines, yes. Otherwise, you will have to tear down the garage. You could, however, put up a fence for your neighbor to nail things to if you would like.

Re: property line

If you haven't already it, have a survey done, in secret if possible, to confirm where the property line is actually located. Unless your house is new, and even sometimes then, you may be surprised.