Legal Question in Real Estate Law in California

Buffer Zone

A church group purchased a 460 acre piece of AR zoned land. They negotiated to establish a three hundred foot buffer zone along a line of private property owners. Question: Can this group run cattle in that buffer zone and put a barbed wire fence on the lot line of all the property owners bordering thier land?


Asked on 7/15/05, 9:59 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Buffer Zone

Well, I'd say they can, or they can't; it depends upon the agreement establishing the buffer zone. I assume this is a written agreement, and possibly it is even notarized and recorded as a deed covenant of some kind. If so, someone who knows how to read and interpret legal documents (such as a lawyer or possibly a real estate broker or county zoning official) could give you at least a tentative opinion as to whether the buffer zone can or can't be used to graze cattle.

If the agreement is rather vague, or even silent, on the matter of the purposes of the "buffer zone," or perhaps the agreement isn't even in writing, a lawyer should be retained to review the agreement itself, the zoning regulations, and the intent of the parties at the time the agreement was negotiated.

Failure to put the agreement in writing, if that is the case, may result in its being unenforceable.

Please note that however smart or expensive your lawyer is, he or she cannot tell you what an agreement means if they've not read it. Generally, a "buffer zone" would be a strip kept free of permanent buildings and possibly even not used for noisy activities, but whether cattle grazing is or isn't permitted could only be discerned by reading the document and/or interviewing the parties that negotiated it.

You are apparently in Tiburon. The parcel in question is perhaps nearby in Marin. I'm a country lawyer practicing real estate law in West marin; please feel free to contact me.

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Answered on 7/15/05, 10:31 pm


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