What are my rights to have structures on my own land if I live off-grid? I have converted a shed into a home and have been living in it for the last 2 years. Recently, the county building officials said they are cutting power off to it because it is an illegal structure (which I did not realize when I moved in). If we live off grid, with our own power, septic and well, and we own the land, is there anything else the county or state can say or do about it? I have neighbors who live in similar or worse structures and nothing has been done to them. What are my rights in this situation? What am I allowed to do if I live off grid?
That will depend on state law, and possibly county or municipal law. Some states or localities can and do require a &quot;certificate of occupancy&quot; or some similar document certifying that a structure passes standards for human occupancy, and can and do prohibit living in a structure that does not pass. Others do not require a document but can condemn as unfit for human habitation a structure that does not meet minimum standards, and can order such a structure boarded upo or even demolished. What standards are applied, and what procedures must be followed, vary significantly depending on the state or locality. Additional info specific to North Carolina: A document from Charlotte NC gives its minimum housing code as: The current Minimum Housing Code for the City of Charlotte specifies the following: (a) At least one room in the dwelling shall contain not less than 150 feet. (b) A kitchen-dining room combination, if any, shall be not less than 100 square feet. (c) A first bedroom, if any, shall be not less than 100 square feet. (d) A second bedroom, if any, shall be not less than 70 square feet. (e) There shall be at least 70 square feet in each habitable room. (f) There shall be at least 150 square feet of floor space in habitable rooms for the first occupant in each swelling unit; at least 100 square feet for each of the next three occupants; and at least 50 square feet for each additional occupant over the number of four. (Children one year of age and under shall not be counted). (g) There shall be at least 80 square feet of bedroom floor space for the first occupant; at least 20 square feet for the second occupant; and at least 30 square feet for each occupant over the number of two. (Children one year of age and under shall not be counted). and goes on to say: 5.) What action can Code Enforcement take if occupancy standards are violated? There are two remedies to Minimum Housing Code violations as governed by the State Law. 1.) Repair, alter or improve the dwelling 2.) Vacate and close, and remove or demolish An order to repair for occupancy violations would suggest an expansion of the dwelling to support more occupants. An order to vacate, close and demolish must be approved by City Council as an ordinance before the city can implement that order. This only applies to the city of Charlotte, but is an example of the sort of regulations that might apply. The NC housing code says: The State of North Carolina does not have a comprehensive property maintenance code. The state’s Landlord and Tenant law (Chapter 42), however, imposes minimum generic maintenance obligations for rental property. Also, state law (Chapter 160A) empowers localities to adopt and enforce ordinances for dwellings that are “unfit for human habitation” due to conditions that render dwellings “unsafe” to residents ... Local Housing Ordinances North Carolina Chapter 160A empowers cities and counties to enact laws that provide for the repair, closing and demolition of dwellings found to be “unfit for human habitation” due to Housing Codes for North Carolina As of July 2008 See: www.healthyhomestraining.org Page 2 of 6 “dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities, or due to other conditions” that render the dwellings “unsafe or unsanitary, or dangerous or detrimental to the health, safety . . . [or] welfare of the residents.” § 160A-441. Localities also may enact ordinances for the “repair, closing or demolition of any abandoned structure” deemed to be “a health or safety hazard as a result of the attraction of insects or rodents, conditions creating a fire hazard, [or] dangerous conditions constituting a threat to children.” § 160A-441. Furthermore, this Chapter empowers localities to enact ordinances to require that every rental dwelling have a heating system so that at least one habitable room has a minimum temperature of 68 degrees Fahrenheit in winter. § 160A 443.1(a). Thus the applicable laws and regulations, if any, will depend on local enactments, and how they are enforced will depend on local rules and custom. It may be a good idea to consult a lawyer who knows these local laws and procedures to determine exactly what an owner's rights are in such a case.
Laws regarding billboards and advertising are very local in nature and are typically handled under city/county zoning ordinances. Start with calling your local county zoning office. They will tell you the city/county laws regarding your particular residential zoning overlay, if city or state laws supersede county laws, and recent changes in law that might matter and if the sign might be grandfathered. There can be different types of "residential" zoning and the city/county will tell you this; some allow limited commercial use and signage, and some don't. The housing subdivision you are in may also have covenants; you'll know if there are covenants if you received information when you bought property in that subdivision. 1,2,3,4,8: These depend on local laws. 5: Very generally speaking, land owners typically do not have absolute rights to land usage; that is the rationale behind zoning laws (among others, like health and public safety, building codes, national defense, etc.), because some types of land usage impact adjacent users and the general public. 6, 7: Potential consequences include fines and requirements to take the billboard down, but again, those possibilities are very localized. The size of the billboard could come into play; again, this will be very localized. Some signage may be grandfathered, too. In order for the city/county to look at the situation and possibly take action, you may have to file a written protest with the zoning office; they would help with the process. You may have to present your case at a public city council or county commission meeting, but that basically involves saying such and such is happening and you want the city/county attorney to look into relevant laws. It would help your case if you had a list of names of others in the area who are also unhappy about the billboard. I doubt you will need legal representation to lodge a protest, but if it comes to that, Google for free legal aid in your area. If the city/county attorney won't take action (which is possible, as this involves prosecutorial discretion as to if the city/county wants to press the issue with the landowner), you can look for free legal aid in your area and consider your options.
At common law, no. Statute law or the homeowner's rules may change this. At common law a neighbour is entitled to trim overhanging foliage up to the property line at their expense. Technically, they should place the cuttings on your property since you have ownership in the timber, again statutes often change this. However, if by trimming their side they make the tree unstable and it falls and causes damage then they have been negligent.
If you buy a large piece of land, closed to the public, then yes. You would need a license for your car to allow drivers to use it without hands on the wheel, or the driver will get arrested. But first you need a license that allows using the car on public roads at all. That’s what all the car manufacturers have to do. Requires for example crash tests, tests how polluting the car is, and so on.
Is there a way for us to prevent the sale of the house until they have moved the fence? For example, it seems that filing suit against the current owners doesn't necessarily prevent the sale, and that the suit would be pointless after the sale is complete. You can't prevent the sale, but if you file suit to adjudicate the boundary dispute and file what is called a "lis pendens" giving notice that the suit is filed in the real estate records, the buyer will taken subject to the lawsuit and realistically, won't close in the first place. The prospect of an impending sale is unlikely to be something that would cause the court to take expedited action or issue a temporary restraining order, because you can preserve your rights with a "lis pendens" which doesn't take a court order. The absolute minimum amount of time in which you could get a court order on the merits without a temporary restraining order is perhaps three to four months, which is almost surely too long to prevent a sale of a house. The suit isn't pointless after the sale is complete. You can still enforce the boundary against the new owner. And, often, a new owner, having no ego in the placement of the fence, might settle the case sooner than the old owner would have. But, better practice in terms of neighbor relations would be to file suit first, so that the new buyer, if the buyer goes forwards with the sale, is aware of the defect. The old owner is also more likely to have evidence useful in the lawsuit you bring. Short of filing suit, send a letter to the realtor and the neighboring property owner with a copy of the survey advising them of the problem. If you could somehow figure out who was handling the closing, you could tell them too. This will impose upon them a legal duty to advise the new buyer before closing, and if they fail to do so, they expose themselves to the risk of a fraud lawsuit from the new owner. But, while this is cheaper, it also presents a risk that they won't warn the buyer who will then not have notice and the risk of being sued for fraud may cause the seller and the seller's realtor to resist your suit more aggressively and to be less prone to settle it. If you wanted to be really aggressive, you could give the neighbor notice that the fence is over the line and that you will destroy it if the neighbor doesn't act, and then tear down the fence, which is strictly speaking within your rights if you can do so without a breach of the peace, because it is on your property. I wouldn't recommend this approach, however, as it could lead to violence or police involvement that depending on the policeman who isn't trained in real estate law, might get you arrested which is not good even if the charges are later dismissed.
The California Constitution gives you the right to privacy, but your neighbor also has the right to have cameras on his house. https://oag.ca.gov/privacy/privacy-laws That means that it is up to the courts to balance those rights. If you did go to court, the judge would have to look at the cameras and decide if they significantly violated your right to privacy in regard to audio and video. Just because the camera can see part or all of your yard doesn't make them illegal, because the neighbor has the right to record his property and may not be able to avoid recording your yard. If the cameras can be re-positioned to only see your neighbor's yard the judge might order that. You would have to show it would not violate his right to record while it substantially violates your right to privacy though. Audio is different because it can pick up conversations. California requires you to notify people when you record their conversations in a place where they would be expected to be private. If the camera is recording your conversations, that would be illegal.
While I don't like agreeing with a landlord, you are in the right here. Your tenants do not have the right to access the property now they have moved out. If they were still living there things would be different and it would be reasonable for them to fix minor damage (to preserve their deposit). They did not do so. Get the damage fixed professionally, keep all reciepts, and take it out of the deposit.
People make mistakes. My assessments come with information on how to dispute them, and if yours don't you should be able to get that information. File a dispute or whatever it is you do to challenge the assessment. Include the information about you being outside the district and not having he measure on your ballot. If you're just outside the district, you might have been mistakenly included. You'll either get a revised assessment or you'll be told that you have to pay the tax. You don't have a reasonable complaint unless and until your challenge is denied.