Real Property Rights

In California, “acquiring, possessing and protecting property” as an inalienable right protected by the state constitution. In addition, all citizens have a right to the quiet use and enjoyment of their property.

At Davis & Wojcik, we are committed to protecting your real property rights. Whether you are engaged in a dispute with a neighbor, tenant, homeowner’s association or government agency, our experience real property lawyers can represent your interests.

Property Line Disputes: Property boundaries are a common cause of disputes among neighbors. Unfortunately, these property line disputes cannot be resolved by erecting a fence or hiring a property surveyor. The history of the property is just as important as its legal description. Every parcel is different, and disputes must be resolved a case-by-case basis and within the confines of the law. Our Hemet and Temecula real property rights attorneys are experienced in neighbor dispute resolution but are also experienced litigators should the need arise.

Easements, Encumbrances and Adverse Possession: These are not just large words that lawyers say to impress people at parties. They complex legal terms that affect the of your property. An easement involves the right to use and/or enter onto the real property of another without possessing it. An encumbrance affects the owner’s ability to transfer the ownership of the property. Adverse possession is a way to acquire valid title to a portion of property. At Davis & Wojcik, our real property attorney can help advise on any legal issue arising from real property.

Short-Term Property Rental Rights: Short-term property rentals, such as vacation homes offered on Airbnb and similar websites, are a current topic of legal debate. Whether such rentals are permissible depends on local city and county ordinances or homeowner’s associations. The real property attorneys at Davis & Wojcik can help research applicable laws and determine whether the short-term rental of your property is legally permissible.

Homeowner’s Association (HOA) Disputes: According to the Community Associations Institute, as of 2016, 63 million U.S. citizens are residents of communities with a homeowner’s association, which equates to 24% of U.S. homes. These individuals agree to abide by the rules and regulations of the HOA. Unfortunately, disputes often arise between the HOA and homeowners. In these situations, it is critical to ensure that the HOA is proceeding in accordance with the Covenants, Conditions, and Restrictions (CC&Rs) and established bylaws. A real property lawyer at Davis & Wojcik can provide you with experience representation.

Tenant Evictions and Unlawful Detainer Actions: An unlawful detainer action is a court proceeding, the purpose of which is to evict someone from the place where they live or work. This normally arises from unpaid rent or a violation of the rental agreement. At Davis & Wojcik, we represent landlords in unlawful detainer actions and ensure that eviction procedures are handled properly.

Land Use: Being a property owner does not come with absolute right to use the land for any purpose. All land is subject to restrictions from state, county and local statutes and ordinances. At Davis & Wojcik, we provide up-to-date research on these restrictions and can represent you in land use disputes with government entities and help ensure that your land use is in compliant with all applicable restrictions.

Water Rights: Water is our most precious resource. This is especially true in California. The experienced lawyers at Davis & Wojcik have represented local water districts and farmers in a number of water-related disputes and understand the diverse water law needs of businesses and developers, farmers and ranchers, non-profit organizations, and public agencies at every level. The real property lawyers at Davis & Wojcik understand that water is a heavily regulated resource. That’s why we strive to provide compliance counseling and representation arising from private party claims based on nuisance, negligence, trespass, and interference with riparian rights.

At Davis & Wojcik, we are committed to ensuring that your property rights are protected. If are involved in a real property dispute, you should consult with an experienced Hemet or Temecula real property attorney at Davis & Wojcik. To schedule an initial consultation, contact Davis & Wojcik by calling (951) 587-2222 or submitting a message through our online submission form.