Originally Printed: March 9, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. Our house sits in the middle of a small valley formation which has a caused us substantial problems with all the rain we’ve had. The runoff comes right to our back door. I dug a canal leading from the top of our backyard all the way to one side of my property, on the line between my neighbor’s property and ours. Since our entire property is on an incline going down toward the road, I figured the water will just go straight down to the road and keep going down the hill. My neighbor informed me that the water runoff is now coming straight at his house and he is very angry. What do we do?
A. By digging a canal to let the water runoff go to the side of your property instead of right at your house, you have created a monster. First of all, your house was obviously built in the wrong place. Second, you cannot divert your problem to your neighbor. Although I am not a builder, you should continue digging the canal all the way to the road. A soon as the weather permits, you should install “French gulches” going around both sides of your house all the way to the road. If you have caused damage to your neighbor’s property, you are liable for such damages. If you bought this house from someone else, they should have told you that you would have a big problem during the rainy season. However, to be frank, this problem should have been obvious the minute you bought this house or had it built.
Q. As I was walking in my neighborhood with my two little dogs on a leash, a large dog came out of a front yard and attacked my dogs. While I tried to protect my animals, the black bit me on the leg. One of my dogs had a huge gash on its hip and my other dog managed to get loose and ran away. He came home after spending 24 hours in the rain and developed a bad cough. I went by the house where the dog lives, but there’s never anyone there. What can I do?
A. You need to call the Department of Animal Regulation and make a complaint. They will investigate. However, in order to get reimbursed for your bit and the veterinary care of your animals, you need to find out who owns the house and who owns the dob. That person is liable for your damages. The law is very clear in that dogs must be restrained and if someone is injured by a loose dog, its owner is strictly liable.
Showing posts with label Neighbor Propery. Show all posts
Showing posts with label Neighbor Propery. Show all posts
Sunday, January 4, 2009
Saturday, January 3, 2009
Legal Eaze #9 Common Law Marriage/ Propery Rental Shed, Verbal Agreement Loan
Originally Printed: November 10, 2004
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She will answer legal questions posed to her by the readers, to the best of her abilities.
Q. I have been living with my boyfriend for the last seven years. We hold ourselves as being married to the outside world, but we never actually got married. Is there such a thing as common law marriage in California?
A. No, California is not a common law marriage state. This means unless you have a marriage license, you are not married. However, had you been living for a number of years in another state that recognizes common law marriage, the State of California would have to honor the other state’s law. But if you have been living in California with your boyfriend for the last seven years, he is still only that, a boyfriend.
Q. I have a large shed which was unfortunately built half-way on my neighbor’s property. When the shed was built, approximately 12 years ago, I paid $2000 to my neighbor to give me an easement for the 75 square feet my shed occupies on his property. My neighbor has sold his property and the new owner wants me to move my shed back onto my property or he will destroy the portion that occupies his property,. What do I do?
A. Hopefully your easement was properly recorded with the county recorder. If you new neighbor causes you problems, you should seek an injunction to stop him from destroying your property. If he proceeds with his threats, you have recourse in filing a lawsuit for your damages. If you damages are not more than $7,500, you should use the Small Claims Court, which is much cheaper and faster.
Q. I learned of a verbal agreement Law in California. I loaned a substantial amount of money to my brother-in-law, but there’s nothing in writing. He promised to pay it back within two weeks, a promise he did not keep. It’s now been two months and he refuses to return my phone calls. Does this law pertain to this type of transaction?
A. I am not sure what law you are talking about, maybe Parol Evidence. You will need to sue your brother-in-law. However, before you do, you must show that you used money you loaned to him from your own funds. Your evidence must trace the money to funds you had in your possession, such as a bank account. If you had a witness present when the transaction took place, he can testify on your behalf. Otherwise, you may have to subpoena your brother’ in law’s bank records to prove he obtained the money.
Forward your questions by e-mail to maxinedev@msn.com or drop questions at the Tehachapi News, 411 N. Mill St., Tehachapi, or send them by mail to P.O. Box 1840, Tehachapi, CA 93581
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She will answer legal questions posed to her by the readers, to the best of her abilities.
Q. I have been living with my boyfriend for the last seven years. We hold ourselves as being married to the outside world, but we never actually got married. Is there such a thing as common law marriage in California?
A. No, California is not a common law marriage state. This means unless you have a marriage license, you are not married. However, had you been living for a number of years in another state that recognizes common law marriage, the State of California would have to honor the other state’s law. But if you have been living in California with your boyfriend for the last seven years, he is still only that, a boyfriend.
Q. I have a large shed which was unfortunately built half-way on my neighbor’s property. When the shed was built, approximately 12 years ago, I paid $2000 to my neighbor to give me an easement for the 75 square feet my shed occupies on his property. My neighbor has sold his property and the new owner wants me to move my shed back onto my property or he will destroy the portion that occupies his property,. What do I do?
A. Hopefully your easement was properly recorded with the county recorder. If you new neighbor causes you problems, you should seek an injunction to stop him from destroying your property. If he proceeds with his threats, you have recourse in filing a lawsuit for your damages. If you damages are not more than $7,500, you should use the Small Claims Court, which is much cheaper and faster.
Q. I learned of a verbal agreement Law in California. I loaned a substantial amount of money to my brother-in-law, but there’s nothing in writing. He promised to pay it back within two weeks, a promise he did not keep. It’s now been two months and he refuses to return my phone calls. Does this law pertain to this type of transaction?
A. I am not sure what law you are talking about, maybe Parol Evidence. You will need to sue your brother-in-law. However, before you do, you must show that you used money you loaned to him from your own funds. Your evidence must trace the money to funds you had in your possession, such as a bank account. If you had a witness present when the transaction took place, he can testify on your behalf. Otherwise, you may have to subpoena your brother’ in law’s bank records to prove he obtained the money.
Forward your questions by e-mail to maxinedev@msn.com or drop questions at the Tehachapi News, 411 N. Mill St., Tehachapi, or send them by mail to P.O. Box 1840, Tehachapi, CA 93581
Subscribe to:
Posts (Atom)