Contact Us
Categories
-
Recent Posts
- NEWS: 6/21/19 COURT OF APPEAL GUTTED THE MARQUEZ KNOLLS CC&RS
- (THIS POST HAS BEE UPDATED.) Marquez Knolls’ view rights under attack again (Eisen vs. Tavangarian)
- View Rights and Inverse Condemnation
- Keith Turner co-author CEB’s California Easements and Boundaries: Law and Litigation book
- View Rights and Inverse Condemnation
Tag Archives: view rights
NEWS: 6/21/19 COURT OF APPEAL GUTTED THE MARQUEZ KNOLLS CC&RS
The Court of Appeal just gutted the Marquez Knolls CC&Rs. Eisen v. Tavangarian – filed June 20, 2019, Second District, Div. Seven , full text click here. Paragraph 11 of Marquez Knolls CC&Rs provides: “No fences or hedges exceeding three … Continue reading
Posted in Uncategorized
Tagged Eisen v. Tavangarian, Marquez Knolls CC&Rs, view rights, Zabrucky, Zabrucky v. McAdams
Leave a comment
(THIS POST HAS BEE UPDATED.) Marquez Knolls’ view rights under attack again (Eisen vs. Tavangarian)
Eisen, Tavangarian, Zabrucky v. McAdams, view rights, CC&Rs, Justice Dennis M. Perluss, John L. Segal Continue reading
Posted in Court Cases, HOAs
Tagged Eisen vs. Tavangarian, Los Angeles, Marquez Knolls CC&Rs, Pacific Palisades, view rights
View Rights in the Hollywood Hills (Rising Glen Road and the Beverly Highlands Homes Association)
One of the key features of property in the Hollywood Hills are the incredible city and ocean views enjoyed from most of the lots. However, many property owners learn after closing that their views are not fully protected. The time … Continue reading
Posted in Uncategorized
Tagged Beverly Highlands, Bird Streets, Rising Glen, view rights
Leave a comment
Recent Developments in Neighbor vs. Neighbor Encroachment Related Disputes
By: Keith J. Turner and Angelica J. Varela Sometimes the development and use of property goes beyond the property line, such as driveways and landscaping improvements, which are called “encroachments.” (An “encroachment” is the extension of a building or other … Continue reading
100% Attorney’s Fees Win in View Rights Case
The Turner Law Firm was awarded 100% of its attorney’s fees and costs in a view rights dispute. The case is important because it concerns the reciprocal nature of statutory attorney’s fees provisions, including whether they apply if the defendant … Continue reading
Posted in Court Cases, HOAs, Local Laws & Ordinances, Neighbor v. Neighbor, PVRC News
Tagged attorney’s fees, CC&Rs, Civ. Code §1717, Civil Code §1350, Civil Code §1354(c), Civil Code §1357, common interest development, Davis-Stirling Common Interest Development Act, HOA Disputes, Homeowners Associations, Mount Olympus Property Owners Assn. v. Shpirt (1997), Neighbor v. Neighbor, property owner, statutory attorney’s fees provisions, The Turner Law Firm, view rights
Leave a comment
View Rights Dispute in Malibu
It is time to change California law so as to provide property owners with some basic view rights. English common law long ago recognized the doctrine of “ancient lights,” under which a landowner acquired, by interrupted user, an easement over … Continue reading
Posted in HOAs, Local Laws & Ordinances, Neighbor v. Neighbor
Tagged California Coastal Act, California law, CC&Rs, celebrity-neighbors, City of Malibu, Los Angeles Times, Malibu, Malibu Municipal Code (MMC §17.62.040 (D)), Neighbor v. Neighbor, offshore islands, Pacific Ocean, Santa Monica Mountains, view rights
Leave a comment
example of preliminary injunction denied (Marquez Knolls)
Many view rights cases are effectively decided at the TRO or preliminary injunction stage, to stop construction of the new or bigger home or structure. Thus, both sides have to present their best evidence at the beginning of the case. … Continue reading
