Legal Question in Real Estate Law in California

I purchase a townhome in a new development which plan site changed after my purchase. When I bought my home the home plan across facing my home was not yet developed. It oringinally was suppose d to be a 3 level home with a patio on the second level, what has been built there are two home's as flats and patios facing both my second level and third level (bedroom), is this legal, I would never have bought my home if I knew that there would be a neighboring patio directly across my master bedroom?


Asked on 6/08/12, 4:08 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Under most sets of rules governing the use of real estate, there are guidelines and procedures whereby the owner can apply for changes. These rules and guidelines differ substantially from one situation to another, and may depend upon whether they are ordinances, recorded CC&Rs;, or simply the current rules of an HOA or the like. You need to do substantially more local investigation in your town, development, neighborhood, or whatever, to determine what the rules are, whether there are "rules for changing the rules", whether they were followed, and finally, whether the construction adheres to the rules, as they currently exist. Perhaps a local lawyer with real-estate experience could assist you.

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Answered on 6/09/12, 10:36 am


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