Real Estate Attorneys in Glendale, California

1. AA neighbor’s fence, wall, or structure crosses my property line

   Start with a licensed land survey. If it confirms an encroachment, California law offers several paths: a recorded boundary line agreement, a quiet title action in Los Angeles County Superior Court to fix the line of record, trespass claims, or an injunction ordering removal. Courts can also grant an equitable easement when removal would be unfair, so how the structure got there matters. Hillside lots in Glendale, Montrose, and La Cañada Flintridge raise these questions often, because retaining walls and fences were frequently built without a survey.

   Often involves

   • Land survey
   • Quiet title
   • Trespass
   • Encroachment
   • Equitable easement

   • Boundary dispute representation

   A

2. BSomeone claims part of my land through years of use

   Two claims look alike. Adverse possession transfers ownership, and California requires five years of open, hostile, continuous possession plus payment of the property taxes on the disputed land under Code of Civil Procedure section 325. A prescriptive easement grants only a right of use and has no tax requirement. Which one is alleged changes the defense.

   Often involves

   • Adverse possession
   • Prescriptive easement
   • Property tax records
   • Quiet title

   • Adverse possession claims and defense
   • Aguayo v. Amaro: paying the taxes was not enough

   B

3. CMy driveway, access, or shared easement is being blocked

   An easement can be written into a deed, implied from how land was used when it was divided, or established by years of use. The owner of the burdened land generally cannot block or relocate it without consent. Remedies include declaratory relief defining the easement’s scope, an injunction to remove the obstruction, and damages.

   Often involves

   • Express easement
   • Implied easement
   • Prescriptive easement
   • Declaratory relief
   • Injunction

   • Easement and access disputes

   C

4. DThe seller backed out after we signed a purchase agreement

   A signed purchase agreement is a binding contract. When a seller refuses to close, the buyer can ask a court for specific performance, an order that forces the sale, because California treats each parcel of real property as unique. Buyers often record a lis pendens so the seller cannot sell to someone else while the case is pending.

   Often involves

   • Specific performance
   • Lis pendens
   • Breach of contract
   • Deposits and liquidated damages

   • What happens when a seller refuses to close
   • Purchase and sale transactions

   D

5. EWe found defects or mold the seller did not disclose

   Sellers of one-to-four unit homes must complete a Transfer Disclosure Statement under Civil Code section 1102 and the sections that follow. An undisclosed leak, foundation problem, or mold condition can support claims for fraud, negligent misrepresentation, or breach of contract, and sometimes claims against the agents. Inspection reports and repair records become key evidence.

   Often involves

   • Transfer Disclosure Statement
   • Concealment
   • Inspection reports
   • Rescission or damages

   • Failure-to-disclose claims
   • Mold claims

   E

6. FWe have a lease dispute with a tenant or landlord

   Most lease disputes turn on the written terms: rent, repair and maintenance duties, assignment, default notices, and what happens when a business is forced to close. For residential units, local ordinances in Glendale, Los Angeles, and Pasadena add rules on rent increases, just-cause evictions, and relocation payments that a lease cannot waive, and the statewide Tenant Protection Act applies where no local rule does.

   Often involves

   • Commercial leases
   • Residential leases
   • Default notices
   • Force majeure
   • Local rent ordinances

   • Commercial and residential lease matters
   • SVAP v. Fitness International: closures and unpaid rent

   F

7. GA zoning, permit, or land-use decision is blocking my plans

   Zoning disputes are usually decided on the administrative record. Notices of violation, permit denials, and conditions of approval each carry appeal deadlines at the city or county level before any court review. Claims that a use is legally nonconforming, or grandfathered, depend on exactly how the property was used and when.

   Often involves

   • Notices of violation
   • Permit appeals
   • Conditional use permits
   • Nonconforming uses

   • Zoning and land use counsel
   • Holguin v. County of Ventura: a grandfathered use outgrows its permit

   G

8. HWe are behind on the mortgage or facing foreclosure

   Most California home foreclosures are nonjudicial: the lender records a notice of default, then a notice of trustee’s sale, and can sell without a lawsuit. Each step has required notices and waiting periods, and a borrower can challenge a completed sale that rested on a void assignment of the loan. Service members on active duty have added protections under federal law.

   Often involves

   • Notice of default
   • Trustee’s sale
   • Loan modification
   • Wrongful foreclosure
   • SCRA protections

   • Foreclosure defense
   • Foreclosure help for military families
   • Yvanova v. New Century Mortgage

   H

Not sure which one applies? Request a consultation or call (818) 502-1700.