California  |  Real Estate Law

Legal Question

Asked on: 7/15/13, 2:25 am

Regarding Sacramento City Code 9.16.140(C)(6), how broad is the definition of "dispute"?

Consider a simple scenario: I walk on to my neighbor's property and claim the property belongs to me. He claims that it does not. We are now disputing the title to real property. So, according to subparagraph (c), does my neighbor not have the authority to serve a notification of trespass on me? Am I not in violation according to subsection B and thus not subject to the penalties described therein?

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Answered on: 7/15/13, 8:42 am by Bryan Whipple

A dispute? Sure doesn't sound bona fide. If sued for trespass, you could try raising the ordinance as a defense, but my strong hunch is that the judge or jury might not even go so far as to say to you, "Nice try!"


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Bryan R. R. Whipple, Attorney at Law P O Box 318 Tomales, CA 94971-0318

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Answered on: 7/18/13, 2:09 pm by Anthony Roach

I read that section in its entirety as a criminal ordinance that forbids certain conduct. I don't read that as anything involving a real estate dispute, only that a real estate dispute would not subject someone to penalties for trespass. Shouldn't this be reposted in criminal law?


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Law Office of Anthony A. Roach 9909 Topanga Canyon, Ste.313 Chatsworth, CA 91311

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