If the wall sits on your property, it is not their wall, it is your wall. I bought a 4plex 14 years ago and the loan amount $97,000 dollars. First, if the tree branches were contacting the neighbor's building, either constantly or when the wind blew, that would be a trespass to their property. Howard Finkelstein, 7 News Legal Expert: “Absolutely. My neighbor complained about our 6-7ft tall lemon tree cause damage to their side wall which sits in our backyard and wanted us to trim it within 2 weeks. Hi, I am in need of some serious assistence. In a zero-lot-line housing development, units may be attached to one another, leaving no room for a yard. A. Finally, if this is a condominium or some other kind of planned development with CC&Rs;and rules of its own, these should be reviewed for anything that requires a different conclusion. Please advise. Civil trespass is defined as an unauthorized entry unto property… (4) Maintenance and Drainage Easements. There are two major items which can affect the responsibility for a shared fence. A zero lot line development may be done in conjunction with the subdivision of property through a long plat or a short plat in conformity with AHMC Title 16. The neighbor doing the trimming cannot re-collect the cost of the trimming work from the tree owner when it is done under the self-help rule. I don't feel safe anymore. , CCAL is a University Fellow of the Autonomous Society Lawyer and a partner of Richardson. In a zero lot line community, the law gives you access to four feet of your neighbor’s property to maintain it. Many townhouse developments are built on zero-lot lines. My property is on a zero lot line and my neighbor's lack of appropriate drainage, combined with the slope of his yard towards my foundation, has caused an extreme amount of moisture under my house.That moisture has caused my wood floors (on the side adjacent to his property) to warp as the water is going directly under my concrete slab. Your experience demonstrates the importance of condominium planning, a document that is often overlooked. Lastly, California and most other states also observe a principle with respect to zero-lot-line buildings that the owner has an implied easement, of somewhat limited scope, to enter the adjoining property to do maintenance and inspection of their own property. I would add that I could not find a California case or discussion in a treatise that was exactly on point, so my answer is qualified with "probably" and is cobbled together with analogies and reliance on similar situations. I am sorry for your situation. permission. I will. Is it right for... More Real Estate and Real Property questions and answers in California. If he does not, then he would be committing civil trespass. Zero lot line homes are a cost-effective option for homeowners who are looking for low maintenance and simplicity in their next property. We have a zero lot line so our homes are litterly side by side. One of the main reasons to build right along the property line is to create more usable space on the lot, especially if the lot is small. This is a condo and he doesn’t own the land, but I think it’s a dedicated shared area with input to the project by HOA. What’s a zero lot line and where is the property line? Question: I purchased a detached single-family home in a homeowner association around San Clemente with a zero lot line that comes right up against the back edge of our property. – Orange County Register, What’s a zero lot line and where is the property line? Have you seen this on other zero lot line HOAs? I currently live off of a county easement road. Zero lot lines exist to create more interior space for homeowners, while only requiring them to pay for a lot large enough to hold the house. When you decide to build a new home there are decisions that need to be made along the way. I already had problems with a neighbor /zero lot property line. CC & R may address the liability of shared fences. If it is a zero-lot line development, check with your local jursidiction's planning department for any Planned Development Overlays. Our condominium plan consists of a bordered map that includes units with a vestibule / patio and a residential, garage, and private yard area where the units are surrounded by the unit borders shown in the plan. A: For the readers’ benefit, let me explain “zero lot line.” This normally means the buildings are built onto at least one of the property boundaries. This 2,144 square foot house sits on a 3,240 square foot lot and features 3 bedrooms and 3 bathrooms. I am curious if Civil code section 841 applies to me in my situation. – Orange County Register Source link What’s a zero lot line and where is the property line? A: Let me explain the “zero lot line” for the benefit of our readers. Now she has planted a ficus tree 2" from our garage and driveway 2 years ago, our neighbor built a wall and stuck it to our home without ours or the homeowner assoc. Second, although the usual remedy for trespass is to go to court and get a court order, California case law allows self-help for trespass by tree limbs or tree roots. There are two main items that can affect the responsibilities of a shared fence. Each homeowner then uses 5 feet of their neighbor’s side yard. So, for example, you can reduce lot size and setback. 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Eaves along a zero lot line may project a maximum of 18 inches over the adjacent property line. If a property owner wants to put a fence right along the property line, they can do so only if the owner of the adjacent property agrees. Remember, your local government does not enforce HOA rules, only zoning and municipal code regulations as adopted by ordinance by your legislative body. If the tree stands on your property, it is your tree. I think your HOA is a planned development and the fences between adjacent yards are not located in a common area. This can occur when individual plots are small, and it maximizes living space at the expense of the yard. Zero Lot Lines. ADDRESS & PHONE. It is also not clear where the lemon tree is. There is an explanation. I think your HOA is a planned development and the fences between adjacent yards are not located in a common area. As more homes are built close to the property line, architects must pay close attention to the fire codes for these Zero Lot Line projects. Zero lot line applications in conjunction with short plats shall be subject to a public hearing. That is trespass. One issue that comes up frequently between neighbors is whether or not they are equally responsible for the costs, construction, and maintenance of a fence that sits on the boundary line between their properties. 5 Things to Consider With Neighbor Lot Line Disputes. B. The neighbor has the right to prune the branches back to the property line, but does not have a privilege to come onto your property and cut the tree or prune it there. AIA partner LP and an architect weigh in. 1901 Avenue of The Stars Suite 615 Los Angeles, California 90067 Telephone: (310) 954-1877 Text: (323) 487-7533 Email: info@schorr-law.com This limits the placement of windows to the front and back of the house. The Case Against the Zero Lot Line House 1. A zero lot line is a term used to describe when one boundary wall of a home or structure is built right on the property line in order to maximize space. In some cases, there may be a yard between the units, but the exterior wall of one home sits on the lot line of the neighbor's property or yard. Q: I have a question about ownership of real estate. A zero-lot-line house is a piece of residential real estate in which the structure comes up to, or very near to, the edge of the property line. This can affect a zero lot line’s property value. If this is not the case, the board may consider proposing amendments to clarify the subject. We didn't do it and they came in to our backyard and trimed by himself without our consent and they did it when we were not home. Because property lines are much closer … If you and your neighbor have agreed where you both want the property boundaries to be, then you both can make a "lot line agreement," also called a "lot line adjustment agreement." This style of HOA is an increasingly common way for developers to avoid the various zoning requirements that apply to planned development projects and lots. This can conflict with other languages ​​in CCR. A property owner can build a fence anywhere on their side of the dividing line between two properties (also called the “property line”). There are two main items that can affect the responsibilities of a shared fence. The HOA should consult with an experienced real estate or HOA lawyer to accurately identify “units” and “common areas” to prevent future disruptions and disputes. Q: My association has taken the stand that a side fence on a zero lot line single-family dwelling that is entirely on the dwelling's property is shared 50/50 with … 1916 California … The map and the “Notes and Definitions” section are very important in clarifying ownership that is owned separately (“units”) and shared (“shared area”). Kenny G. Richardson Esq. Unless the property owners to a fence dispute contract otherwise, fences that are situated on the actual boundary line belong to and are the responsibility of both property owners. One of the neighbors has seeked... My landlord has sent me a breakdown of the amount being withheld. Zero lot line homes are most common in urban areas with a high population density. Each plat prepared pursuant to these zero lot line standards shall contain the following notation on the face of the plat: While we have described some details of property surveys in a previous post, there is a very special home type that has what we call a zero lot line. On the other hand, the owner of the property facing the wall may have a remedy. My house sits back 15 feet more than my neighbors. Probably. These agreements are made official and binding by making and signing deeds that describe in detail the agreed upon property line. Ergo, he would need permission to cross unto your property just like anyone else. No association. This is coming out about a project where one owner, based on a tract map, is of the opinion that the garden is his own private garden area and he owns it. In this style, we ask you to first think of a row of houses in a neighborhood. Lastly, California and most other states also observe a principle with respect to zero-lot-line buildings that the owner has an implied easement, of somewhat limited scope, to enter the adjoining property to do maintenance and inspection of their own property. The scope of the allowable self-help is that the offended neighbor may trim the branches or roots to the property line, but it must be done in a non-negligent manner, i.e., without killing the tree or making it likely to fall over in a storm. I live in California. I own a home next to my neighbors home. Q: My association is in the position that zero lot line side fences, single-family homes entirely in residential property, are shared 50/50 with neighbors for maintenance or replacement costs. If the condition or appearance of the wall is so bad (for example, covered with offensive graffiti) that it significantly impacts the value, use, etc. In homeowners’ association communities that have zero-lot line properties such as duplexes, it is very common that the center of the zero-lot line structure sits directly on the property line and sometimes portions of the structure such as the roof might encroach onto the neighbor’s property. A zero-lot-line property is one where a home or building has at least one wall placed on the boundaryline of the property, leaving virtually no room between the building and the boundary line. 1916 California St is a house in Huntington Beach, CA 92648. Your post is confusing. If the fence is on your property and not on the property line or over onto the neighbor's property, you have HOA approval and get a county permit, you should not have any problems. For the readers’ benefit, let me explain “zero lot line.” This normally means the buildings are built onto at least one of the property boundaries. Over | DeNichilo LLP, a California law firm known for its council advice. Zero Lot Line Wall Construction For an added safety and privacy measure, zero lot line homes restrict the addition of windows on either side. As discussed in our article on nuisance, property owners have certain duties to maintain and utilize their property so that it does not constitute a nuisance for either other property owners nearby or the public. What is a neighbor dispute or a lot line dispute? Zero lot line building was popular for a time in California to increase densities in suburban areas or in PUDs. As the other answers indicated, I'm not sure why you are asking your neighbor's permission. Although essentially the same as typical zero-lot-line designs, these homes utilize a “use easement” to create private side yards. I live in a zero lot line property. Rather than placing the zero walls directly on the side property line, these blank walls are located 5-feet away from the side property lines. In my opinion, this is completely wrong that the owner of the neighbor is entirely responsible for the fence in the property of the neighbor. A zero-lot-line property is a building that comes to the very edge of the property line on at least one side. Do they have the right to just come in to our backyard and trim our tree? This usually means that the building is built on at least one property boundary. Each of our condos consists of a separate house with a garden or patio yard. This house has been listed on Redfin since December 26, 2020 and is currently priced at $895,000. A: The condominium you describe is exactly the same as planned development, except that it is called a condominium. Condo plans are submitted to the county registrar recorder and are public and easily available through HOA lawyers or title companies. The up-hill side of the house will have the neighbor’s surface water run against the foundation which will be a structural problem that the owner of the house on the property line cannot prevent or correct. A: Let me explain the “zero lot line” for the benefit of our readers. The fact that you have zero lot line properties does not give your neighbor any "special" privileges to come on to your property. California statutory code and case law do not allow for such caveats. You should get a permit from the county to make sure t hey allow an 8' fence. Under that law, the fence that divides adjacent real estate is the joint responsibility of the two neighbors. I've seen subdivisions of homes over 3000 sq feet with zero lot line buildings. In the early 1990s, the median lot size for a new single-family detached home was about 10,000 square feet. — RM, Plasencia. Please send your question to Kelly@rodllp.com. There are … of the facing property, the owner could sue for private nuisance. Property Line and Fence Laws in California. Typically it is a dispute amongst adjacent owners of real estate concerning their boundary lines and whether either party has developed the right to extend beyond their legal property lines. This should dictate where a fence could go. Single family dwelling. The boundaries of the units defined in the condominium plan are exactly the same as the normal planned development lot, except for the site boundaries, except that they are called “units”, so they are called “lot line condominiums”. This usually means that the building is built on at least one property boundary. There is also Article 841 of the Civil Code of California’s 2013 Good Neighbor Fence Act, which came into force in 2014.
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