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Elizabeth Anne Brekhus

Elizabeth Brekhus’s Answers

6 total

  • What is the SOL for filing an action against a seller of real estate?

    My husband and I bought a house in Nov. 2011. A week or so ago we noticed that one of the tiles in the bathroom had cracked and needed repair. As my husband started the repairs he realized that the entire sub floor was rotted out. You can liter...

    Elizabeth’s Answer

    The statute of limitations is 4 years for breach of a written agreement to buy property. When it runs may depend on when you discovered or should have discovered the no disclosure. You may want to go over your home inspection reports to decide whether there was a disclosure of this condition or some notice that the subfloor had rot. The pest report may refer to this. Also, you may have some recourse against the contractor who did the remodel. A real estate attorney should be consulted,

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  • Do I have a law suit and what type of lawyer do I need to hire?

    I took my motor home to a RV shop two years ago, and gave him three thousand dollars cash for material. He told me he would get right on the repairs. He has only done the demo work. The motor home is sitting in his shop torn apart, and the work...

    Elizabeth’s Answer

    Yes, you do have a claim against the shop, and you should pursue it before it becomes stale. In California. A breach of an oral contract has a 2 year statute of limitations and a written contract has a 4 year statute of limitations. When the statute of limitations runs cannot be determined based on the facts given, because it typically runs from the date of the beach or date of discovery. I would consult a civil litigation attorney.

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  • How does the law interpret a nuisance such as dogs barking and the accusation of frequent barking?

    What would be viewed as frequent barking thus causing a nuisance or the inability to live in ones home peacefully? Is it viewed by time or ones level of tolerance, etc.?

    Elizabeth’s Answer

    Your city or county ordinances may declare such noise to be a nuisance but even if they do not, the common law definition of nuisance, in general terms, is anything that annoys or negatively effects the use of property. So if a reasonable person would find the dog barking to be annoying and negatively impacting neighbors, it probably is a nuisance even if local law does not declare it to be so. I think this would be viewed by time and tolerance in that if the barking was occasional than it probably not a nuisance but if it is frequent and regular, it probably is a nuisance.

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  • 2 adjacent land parcels in LA one zoned r1.5 the other r3. Land use and zoning options to bump FAR?

    What are my options if I want to avoid a lengthy entitlement process and avoid dealing with community boards and neighborhood councils and CEQA. Any relatively fast and simple strategies to get the 1.5 parcel bumped to r3? or any other viable str...

    Elizabeth’s Answer

    If the development planned is to use to the lots as one, merger might be an option, but there are implications to doing so that may make that undesirable. You should consult an attorney in your area who appears regularly before these entities and can advise you better.

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  • Do I need a real estate lawyer ?

    My tenant has not paid deposit and is two months behind in rent I need advice in what to do

    Elizabeth’s Answer

    You need to serve a 3 day notice to pay rent or quit.

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  • How Does a Prescriptive Easement Work?

    My questions are in regard to a Prescriptive Easement in Riverside County, CA. When does a claimant have a right to the easement and its use over another's private property... After the prescribed 5 years or only after a court grants such an ease...

    Elizabeth’s Answer

    The prior responses are correct. In answer to your question about whether you have the right to use the easement assuming you have used it for 5 years, yes you do. Although a court judgment declaring you have the right to use the easement would convulsively establish such use, the whole basis of a prescriptive easement is that you have used the property in a manner hostile to the legal owner of the property. So you have a right to continue that use. Sometimes people decide to file suit to establish their right, notwithstanding this, because they want certainty or they want to sell the property some day with the right already declared and not in doubt, and so they file suit. Your last question about rights in government land is not clear and requires further information.

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