Property lines, rent control, Prop 13/19, surviving-spouse transitions, mandatory disclosures — the laws that quietly shape every California real estate transaction.
California real estate law has more buyer- and seller-protective rules than most states. The big topics — property line and fence disputes, easements, AB-1482 rent control, eviction process, surviving-spouse and joint-mortgage transitions, Prop 13 and Prop 19 transfers, mandatory disclosures — each have specific rules that can either protect you or quietly cost you tens of thousands of dollars. This page is the landing point. Each section links to a deeper guide.
Three issues come up repeatedly in Ventura County properties:
California Civil Code addresses boundary fences (Civil Code § 841) and adverse possession (Civil Code §§ 1006-1008). The high-frequency situations: a neighbor's fence sits over the survey line; a long-standing tree drops fruit onto your lot; a driveway encroaches by inches. The cheapest path is almost always a survey + neighbor conversation before either party invests in litigation.
Civil Code § 841 (the Good Neighbor Fence Act of 2013) presumes shared cost between adjoining property owners for boundary fence construction and maintenance. Notice requirements apply (30 days in advance), and if your neighbor proceeds without proper notice, your cost-share obligation can be challenged.
Easements run with the land, not the owner. The most common types in Simi Valley and Ventura County: utility easements (visible on most plats), driveway easements (shared driveway agreements), and prescriptive easements (created by 5+ years of open, continuous, unauthorized use). Title insurance typically excludes prescriptive easements not of record — a real concern on rural and large-lot properties.
AB-1482 caps annual rent increases on most California rental properties at 5 percent plus regional CPI, capped at 10 percent total. Just-cause eviction protections also apply after 12 months of tenancy. Important exemptions: single-family homes (when the owner is not a corporate entity), units built within the last 15 years, and properties where the owner provides specific exemption notice in the lease. Many small-portfolio Ventura County landlords mistakenly believe they're exempt — verify before relying on it.
For covered tenancies after 12 months, evictions must be "just cause." At-fault causes (nonpayment, breach, criminal activity) require notice and cure period where applicable. No-fault causes (owner move-in, withdraw from market, substantial remodel) require relocation assistance equal to one month's rent (or rent waiver) and proper documentation.
Civil Code § 1950.5 caps residential security deposits at two months' rent for unfurnished and three months for furnished. Itemized statement and refund must be provided within 21 days of move-out. Failure to comply can subject the landlord to twice the deposit amount in damages.
Caps property tax base at 1 percent of the purchase price plus voter-approved overrides (typically 0.05 to 0.20 percent in Ventura County), with annual increases limited to 2 percent or CPI, whichever is lower. Translation: long-tenure homeowners pay much less property tax than recent buyers on identical homes. The base resets at sale, not at appraisal.
Two key changes from earlier rules. First: homeowners 55+ or disabled can transfer their existing property tax base to a replacement primary residence anywhere in California (up to three transfers in a lifetime), even if the new home is more expensive (with adjusted base). Second: parent-to-child transfers no longer fully preserve the base unless the child uses the home as primary residence within one year and value caps apply. The second change has caught many California families by surprise — what used to be a tax-free generational transfer can now trigger a major reassessment if not structured properly.
Three scenarios that come up in real-world transactions:
The surviving spouse on a joint mortgage typically can keep the loan in place — the Garn-St. Germain Depository Institutions Act (federal) prohibits acceleration ("due on sale") in most family-transfer situations. The lender must be notified, but the loan generally continues without refinance. The deed transition (joint tenancy automatically transfers; community property requires affidavit; trust transfers require trustee action) is separate from the loan.
The path depends on how title was held:
Inter-spousal transfer (including death) is a Prop-13 protected event in California. The surviving spouse's property tax base does not reset. This is one of the most-missed financial protections in California real estate; a properly executed transfer can save the surviving spouse thousands of dollars annually for the rest of their tenure in the home.
California requires extensive seller disclosure on residential property transactions. Key forms:
The California Civil Code's "as is" doctrine does not protect a seller who fails to disclose known material facts. Litigation following nondisclosure of known defects is one of the most common post-close legal issues in California real estate.
Most California real estate transactions don't require an attorney. The situations where you should engage one early: