Legal Question in Real Estate Law in California

Re: renting home in wine country

You and your neighbors may bring complaint for private nuisance if you can establish that the offending neighbor's use of his property unreasonably interferes with the quiet use and enjoyment of your property, and you would then also be able to share the cost. You should look into local ordinances and check any CC&R (development area restrictions) that may apply to your situation.

Re: renting home in wine country

You may contact your local Code Enforcement Office. They will tell you whether it is legal for someone to have borders in your neighborhood. If it is not legal, Code Enforcement will fine the homeowner each time he violates the law.

Re: renting home in wine country

This would not be contrary to any state-wide statute that I know of.......your starting point would be to ask the county (or city) with zoning authority if it violates any local ordinance. The next step would be to inquire if there are any private subdivision-related CC&Rs affecting his title. This could be recorder's office search, or ask a lawyer.

The next possibility would be to sue on the ground that the activity is a private nuisance. I think this might be winnable, especially if all five neighbors join as plaintiffs. This spreads the cost and avoids the neighbor blaming just one or two of you for messing up his business activity.

Finally, it's possible that research would turn up some law, such as one regulating innkeepers, that would (a) apply to his activity, and (b) which he is violating. This would require some research.