Legal Question in Real Estate Law in California
We are purchasing a home and the current owner has a restraining order against the next door neighbor. If the restraining order is in regards to the property we are about to purchase, is it transferable to the new owners (us) or must we wait for an incident with the neighbor before we can take out one of our own?
4 Answers from Attorneys
You would have to wait for an incident and go through the ordeal of getting another restraining order, if indeed the neighbors are the problem. Maybe the seller is the problem. Neighbor disputes are awful things to be involved in. Either the sellers are crazy, or the neighbors are crazy. You need to find out who the crazy people are before you close. Don't take the seller's word for it. Go to the court clerk's office and look up the documents in the case, or ask the police, or ask other people in the neighborhood.
It depends on the terms of the restraining order.
I would go with Mr. Roach's answer and Mr. Stone's general observations. Restraining orders and injunctions are interpreted quite literally. If the order tells Neighbor X not to hassle Neighbor Y, identifying Y by name, the order won't help Z when he buys Y's house. However, if the order says X's barking dog must be indoors after 10 p.m., it's still effective irrespective of who owns and lives in the former Y house.