Prescriptive Easement: Old Gate, New Problem for Churches

Property & Land UseChurch Parking Lot, Connelly v Trabue, Prescriptive Easement, Property Value, Quiet Title, Trespass

Churches occasionally discover that a neighbor has installed a gate opening directly into the church’s parking lot — often with the explanation that someone at the church gave permission years ago. The original approval may have been informal, undocumented, or made by someone who no longer represents the church. Regardless of how the gate got there, its continued, unchallenged use creates a serious legal risk. This situation creates a serious risk of a prescriptive easement under California law. Under California law, long-term use of another person’s property can mature into […]

Subdivision Map Act: California’s Land Division Requirements

Property & Land UseCalifornia, Land Division, Parcel Map, Subdivision Map Act, Tentative Map

Simply put, the California Subdivision Map Act (“SMA”) is the law that regulates how land may be divided into smaller parcels for development. It applies to all subdivisions in California, regardless of whether the resulting parcels are intended for residential, commercial, or industrial use. The SMA provides the legal structure cities and counties must follow when regulating land division, making it essential for any developer or property owner who intends to create new parcels. Purpose of the Subdivision Map Act The purpose of the Subdivision Map Act is to ensure […]

Legal Parcels of Land in California: Parcel Creation Guide

Property & Land UseCalifornia, Certificate of Compliance, Legal Parcel, Subdivision Map Act

A clear guide to how legal parcels of land are created and verified in California, including deeds, surveys, subdivision maps, parcel maps, and certificates of compliance.

Creating Prescriptive Easements: A Guide to Property Rights and Usage

Property & Land UseCalifornia Civil Code, Church Gate, Church property, Prescriptive Easement, Quiet Title, Trespass

An overview of how prescriptive easements are created in California, the legal elements required, and the steps property owners can take to prevent unauthorized use of their land.

California Housing Crisis – Builder’s Remedy

Property & Land UseAffordable Housing, Builders Remedy, Church Land, Housing Crisis, zoning

The California Housing Accountability Act (“HAA”): Also known as the “anti-NIMBY law,” is a state law that was enacted in 1982 to help promote the development of new housing and combat local resistance to new housing projects. The HAA establishes that cities and counties in California must approve housing developments that meet certain zoning and planning requirements unless the proposed development would have a specific, adverse impact on public health, safety, or welfare. The law requires cities and counties to provide a comprehensive set of procedures for the processing and […]

RLUIPA

Property & Land UseChurch property, Land Use Regulation, Religious Land Use, RLUIPA, zoning

As a result of Congressional Hearings wherein Congress found that churches, particularly those of minority religions and start-up churches, were disproportionately affected, and often were actively discriminated against, by local land use decisions. Furthermore, it was determined that zoning authorities were frequently placing excessive burdens on the ability of congregations to exercise their faith in violation of the Constitution. This resulted in the passing of the Religious Land Use and Institutionalized Persons Act (RLUIPA) to protect religious institutions from unduly burdensome or discriminatory land use regulations. Purpose:RLUIPA provides that “No […]

General Plan vs. Zoning

Property & Land UseChurch property, Conditional Use Permit, General Plan, Land Use, zoning

All property has an underlying or specific zone wherein the City or County has outlined in its General Plan for all zones within its jurisdiction. These zones indicate what the general, current, or future use of the land in a particular area will be. The purpose of this is to maintain continuity throughout the city while providing for the health, safety, morals, and general welfare of its residents. In short, it prevents things such as a steel mill from taking place in the middle of a neighborhood. Notwithstanding, the underlying […]

Lot Line Adjustments and Splits in California

Property & Land UseLegal Description, Lot Line, Parcel, Subdivision, Subdivision Map Act, Survey

Confused about lot line adjustments vs. lot splits? Learn the key differences, when each applies under California’s Subdivision Map Act, and what a Certificate of Compliance really means for your property.

Public Hearings

Property & Land UseChurch Real Estate, Conditional Use Permit, Land Use, Public Hearing, zoning

Whether there is a change in the use of the property regarding zoning or code variance, a redevelopment of the structures such as the construction of residential units such as a Planned Development, the need to apply for a Conditional Use Permit and/or meeting other governmental land use requirements, it often becomes necessary for a governmental public hearing to be held. In its most simplistic terms, a public hearing is an open gathering of officials and citizens, wherein citizens are permitted to offer testimony or comment before significant decisions are […]

Overhanging Trees

Property & Land UseChurch Real Estate, Nuisance, Overgrown Tree, Premises Liability, Trespass

California laws on overhanging trees and neighbor disputes for church property owners. Learn your rights and limitations when trimming encroaching branches and roots, liability for tree damage under Booska v. Patel, and your duty to maintain trees on your property.

Category Archives: Property & Land Use