Legal Question in Real Estate Law in California

I'm thinking of buying a small piece of land (0.4 acres) in a rural area (zoned 5 acre minimum) in California.

The property is surrounded by trees on 3 sides and a seasonal creek on the fourth side.

I would like to build a house on the parcel andthe former owner claims building would be no problem.

Question: can I build on this parcel and can I demand from the owner of the surrounding land to remove any tree that might fall on my property?


Asked on 1/25/16, 7:05 pm

1 Answer from Attorneys

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

I'd be very cautious about the proposition that the parcel is build able. Occasionally one can legally build on a parcel that is significantly smaller than the zoning requires, but more often it's either outright impossible or entails an arduous application process. At a minimum, have a detailed conversation with a senior planning official before accepting the seller's version. As for the trees, I think it would be necessary to go to court and try to have them declared a private nuisance, which would be a rather long shot if they were planted and even longer if they are growing naturally. You might consider getting an opinion from a licensed arborist as to the hazard potential, but overall I suspect this isn't the right parcel for you.

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Answered on 1/25/16, 9:33 pm


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