Legal Question in Real Estate Law in California

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?

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

2 Answers from Attorneys

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

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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Answered on 7/15/13, 8:42 am

Anthony Roach Law Office of Anthony A. 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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Answered on 7/18/13, 2:09 pm

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