Quiet Title
What Is a Quiet Title Action?They say that possession is 9/10ths of the law, but when it comes to real...
GREENACRE LAW REAL ESTATE BLOG
Prop 19
Bankruptcy & COVID-19As of December 2020, California’s unemployment rate rose to 9%, and the fallout from COVID-19 is far from over in...
COVID & Eviction
Eviction Under COVID-19 No one wants to evict tenants or homeowners in the COVID-19 pandemic emergency, but landlords don’t have...
Common Contingencies
Removing or Waiving Contingencies Contingencies are stipulations that must be met before the sale of a real estate property is...
Breach of Contract Disputes & Damages
When a buyer or seller violates the obligations of a purchase and sales contract, it can cost the injured party...
Transactions – Types of Deed
The deed is a signed document that transfers title from the seller to the buyer. However, not all deeds are...
Transactions – Title vs Deed
When buying real estate, it is easy to ignore the difference between the title and the deed—they just seem like...
Transactions – As-Is Clause
Real Estate Transactions: The “As-Is” Clause and The Duty To Disclose What does the “as-is” clause really mean in a...
Spite Fences
Spite Fences: When Is A Tree A Fence? Just because you don’t like the way your neighbor’s fence blocks your...
Real Estate Magic – Beating the bounds
Real Estate Magic: Beating The Bounds In a previous post, we described the ancient customs that led to the modern deed—what we...
Private Easements for Public Road Purposes
When Is A Private Easement Public? The short answer is: it’s not. In Schmidt v. Bank of America (2014) 223...
I Dream of Adverse Possession
I Dream of Adverse Possession: The Case of Major Nelson A year before his death in 2012, Larry Hagman, the...
General Easements
“General” Easements: A Cautionary Tale In a previous post, we discussed the way the “magical” power of law in real estate shifted...
Estates Taxes under the Biden Presidency, Part 1
Given the anxiety and madness of 2020, which still continues into 2021, more people may be planning ahead and thinking...
Easements & Historical Use
Express Easements & Historical Use: “A Tale of Intertwined Claims of Right” A tale as old as time… “a tale...
California Real Estate’s Parcel Problem
In our series on “Real Estate Magic,” we discussed the ancient system of metes and bounds, whereby the boundary line of a plot of...
Boundary Disputes – Metes And Bounds
Recently in our series on “Real Estate Magic,” we wrote on the ancient ritual of “beating the bounds,” or walking the boundary...
Bankruptcy – Chapter 20
Bankruptcy: What Is A “Chapter 20” Bankruptcy? You may have heard someone refer to a “Chapter 20” bankruptcy or run...
A Shield but no Sword – Mechanic’s Liens and Anti-SLAPP
Lawyers sometimes discuss the way statutes and laws can be used in terms of shields and swords: how they can...
Alter Ego Liability & LLC
LLCs (limited liability companies) can be very useful for conducting business while protecting your personal assets and the assets of...
Bankruptcy & COVID
Bankruptcy & COVID-19 As of December 2020, California’s unemployment rate rose to 9%, and the fallout from COVID-19 is far from over...
Cloudy Skies – Title Defects
Cloudy Skies – Title Defects and Clouds At Greenacre Law, we prefer blue California skies—but in real estate, the weather...
Creating an LLC for Real Estate
Creating an LLC for Real Estate Transactions It’s common to use a “limited liability company” (LLC) to buy and sell...
Floating Easement
The Floating EasementAn easement allows you the right to use a property in some manner that you do not own....
Real Estate Magic – Origin Of The Deed
Real Estate Magic: The origin of the deed There is a lot of magic and ritual in the history of...
Torts – COVID
Torts: Personal Injury Tort Liability in the Wake of COVID-19 Many businesses have contracted, evolved, and adapted to stay afloat...
Bankruptcy – Chapter 7
Bankruptcy is governed by Title 11 of the United States Code, commonly called the Bankruptcy Code. The chapters of this...
Bankruptcy – Chapter 13
Bankruptcy is governed by Title 11 of the United States Code, commonly called the Bankruptcy Code. The chapters of this...
Bankruptcy – Homestead Exemption
Bankruptcy: California Homestead Exemption Increase On January 1st, 2021, the new California Homestead Exemption amount went into effect, exempting a...
One-Action Rule
California’s One-Action Rule The “One-Action Rule” under California real estate law is actually two rules that work together to protect...
Transactions – 3 Stages
Real Estate Transactions: 3 Stages of a Transaction In this post, we will outline the basic steps of a real...
Transactions – Deed vs Mortgage
Real Estate Transactions: Deed of Trust vs. Mortgage If you are buying real estate in California for the first time,...
Transactions – Legal vs Equitable Title
Real Estate Transactions: Legal vs. Equitable Title A quiet title action seeks court assistance to establish the plaintiff’s ownership of a property...
Transactions – Terms
Real Estate Transactions: Basic Terms Although real estate is often the largest purchase and debt commitment the average person is...
Types of Tenancy
Partition Actions: Types of TenancyIn order to understand the likely result of a partition action, you need to know the...
Partition
What is a Petition to Partition? Imagine you and your siblings inherit property. One of you want to sell the...
Nondisclosure – Litigation
This is the last installment in our 4-part series discussing the typical steps for a California real estate buyer when...
Nondisclosure – Arbitration
This is the third installment in our 4-part series discussing the typical steps for a California real estate buyer when...
Nondisclosure – Mediation
This is the second installment in our 4-part series discussing the typical steps for a California real estate buyer when...
Nondisclosure – Duty To Disclose
This 4-part article series will discuss the typical steps for a California real estate buyer when defects are not disclosed...
Foreclosure Process
The Basic Steps of Foreclosure In CaliforniaThe following introduction outlines the basic steps in a nonjudicial foreclosure, the most common...
Forbearance
COVID-19: Forbearance & Foreclosure For Small Landlords In California The unemployment and reduction in income for millions of Americans in...
Easements
Introduction to Easements An easement is a right granting limited use of another property, whether commercial or residential, that impinges...
Co-ownership
Co-ownership Trials and Tribulations:Quiet Title Actions vs. Partition ActionsWho owns the real estate and who can sell it? How much...
Boundary Fence
Who Is Responsible For A Boundary Fence? Good Fences Make Good Neighbors In the “Mending Wall,” Robert Frost describes two...
Boundary Disputes
Disputes over the boundary between two adjacent properties can take many forms and are the most common cause of real...
Boundary Disputes – Agreed-Boundary
Agreed-Boundary Doctrine In theory, many disputes over boundary lines are fairly easy to settle. The parties in a dispute can...
Avoiding foreclosure
First, if you’re facing a possible foreclosure, Greenacre Law has you covered. With our experienced California real estate attorneys, you...
3 Kinds of Partition
Partition: Sale vs. Appraisal A partition action forces parties to fairly divide interest in a property when the parties cannot...