Legal Question in Real Estate Law in California

My home is in short sale in CA, my neighbor has asked permission to park their vehicles in our driveway. Is their any liabilities to us.


Asked on 11/22/12, 5:59 am

1 Answer from Attorneys

Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

If you are charging money, you are highly liable. �Is would make your friends invitees.

If you are not charging money, your degree of liability is lower. �This would make your friends licensees.

Licensee-Where licensees are present, activities conducted on the land by or at the behest of the owner of the land must be conducted with the care that a prudent person would show. A duty to warn arises if there is a harmful condition on the land that is hidden from the licensee, so long as the landowner knows of this condition.

Invitee-The property owner has a duty to make the property safe for the invitee, which includes conducting a reasonable inspection of the premises to uncover hidden dangers. The property owner also has a duty to warn the invitee of hazardous conditions that cannot be fixed. Furthermore, property owners assume a duty to rescue an invitee who falls into peril while visiting the property. If an independent contractor hired by the landowner injures an invitee (intentionally or through negligence), the owner can be held vicariously liable. This represents the broadest duty of care owed to any class of visitors to the property.

There is always liability with what happens on your property. Always. I have just touched the basics. look up attractive nuisance sometime.

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Answered on 11/22/12, 6:28 am


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