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Greenacre Law

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GREENACRE LAW REAL ESTATE BLOG​

Quiet Title

What Is a Quiet Title Action? They say that possession is 9/10ths of the law, but when it comes to real estate, we might say that title is 9/10ths. Ensuring …

Prop 19

Bankruptcy & COVID-19 As of December 2020, California’s unemployment rate rose to 9%, and the fallout from COVID-19 is far from over in 2021. It may be a long time before many …

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 bottomless pockets, either. There is a potential for a domino …

Common Contingencies

Removing or Waiving Contingencies Contingencies are stipulations that must be met before the sale of a real estate property is legally completed. When a contingency is met, it is “removed” …

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 a lot of time and money, potentially turning the deal …

Transactions – Types of Deed

The deed is a signed document that transfers title from the seller to the buyer. However, not all deeds are created equal. Below we outline the main kinds of deed …

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 two ways of saying you own the property. However, they …

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 purchase agreement when buying real estate in California? The “as-is” …

Spite Fences

Spite Fences: When Is A Tree A Fence? Just because you don’t like the way your neighbor’s fence blocks your view or its garish pink paintjob doesn’t make it unlawful …

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 might call the “magic” that still lies at the heart …

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 Cal. App. 4th 1489, the appellate court found that just …

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 actor best known for playing Major Nelson on I Dream …

General Easements

“General” Easements: A Cautionary Tale In a previous post, we discussed the way the “magical” power of law in real estate shifted from the physical and verbal act to the written word. …

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 about their estate. And when it comes to estate planning, …

Easements & Historical Use

Express Easements & Historical Use: “A Tale of Intertwined Claims of Right” A tale as old as time… “a tale of intertwined claims of right…” So begins the California appellate …

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 land is defined by a set of “instructions” that trace …

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 lines of parishes to etch them in living memory. But …

Bankruptcy – Chapter 20

Bankruptcy: What Is A “Chapter 20” Bankruptcy? You may have heard someone refer to a “Chapter 20” bankruptcy or run across it on the internet. Since the Bankruptcy Code (Title …

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 be used as defensive or offensive strategies. In the following …

Alter Ego Liability & LLC

LLCs (limited liability companies) can be very useful for conducting business while protecting your personal assets and the assets of other investors (for example, see our previous article “Creating an LLC …

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 in 2021. It may be a long time before many …

Cloudy Skies – Title Defects

Cloudy Skies – Title Defects and Clouds At Greenacre Law, we prefer blue California skies—but in real estate, the weather doesn’t always cooperate. One common snag you may encounter when …

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 real estate, or conduct other real estate transactions, whether residential …

Floating Easement

The Floating Easement An easement allows you the right to use a property in some manner that you do not own. It is typically established by a specific grant: the …

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 law, and in real estate some of this magic is …

Torts – COVID

Torts: Personal Injury Tort Liability in the Wake of COVID-19 Many businesses have contracted, evolved, and adapted to stay afloat through waves of COVID-19 cases and the corresponding restrictions, especially …

Bankruptcy – Chapter 7

Bankruptcy is governed by Title 11 of the United States Code, commonly called the Bankruptcy Code. The chapters of this code govern the process of bankruptcy, which is why we …

Bankruptcy – Chapter 13

Bankruptcy is governed by Title 11 of the United States Code, commonly called the Bankruptcy Code. The chapters of this code govern the process of bankruptcy, which is why we …

Bankruptcy – Homestead Exemption

Bankruptcy: California Homestead Exemption Increase On January 1st, 2021, the new California Homestead Exemption amount went into effect, exempting a minimum of $300,000 equity, up to $600,000, adjusted annually for …

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 borrowers from harassment suits by the lender. The law is …

Transactions – 3 Stages

Real Estate Transactions: 3 Stages of a Transaction In this post, we will outline the basic steps of a real estate transaction in California. For the terms used in this …

Transactions – Deed vs Mortgage

Real Estate Transactions: Deed of Trust vs. Mortgage If you are buying real estate in California for the first time, you might be surprised that the bank or other lender …

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 in opposition to a defendant’s claim. This is a dispute …

Transactions – Terms

Real Estate Transactions: Basic Terms Although real estate is often the largest purchase and debt commitment the average person is likely to make in their life, these transactions are often …

Types of Tenancy

Partition Actions: Types of Tenancy In order to understand the likely result of a partition action, you need to know the kinds of ownership recognized by California law. A partition …

Partition

What is a Petition to Partition? Imagine you and your siblings inherit property. One of you want to sell the family home, but the others don’t. (Although, due to the …

Nondisclosure – Litigation

This is the last installment in our 4-part series discussing the typical steps for a California real estate buyer when defects are not disclosed in a real estate sale, which …

Nondisclosure – Arbitration

This is the third installment in our 4-part series discussing the typical steps for a California real estate buyer when defects are not disclosed in a real estate sale, which …

Nondisclosure – Mediation

This is the second installment in our 4-part series discussing the typical steps for a California real estate buyer when defects are not disclosed in a real estate sale, which …

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 in a real estate sale, which are likely similar to …

Foreclosure Process

The Basic Steps of Foreclosure In California The following introduction outlines the basic steps in a nonjudicial foreclosure, the most common type of foreclosure in California. A judicial foreclosure involves …

Forbearance

COVID-19: Forbearance & Foreclosure For Small Landlords In California The unemployment and reduction in income for millions of Americans in the wake of the COVID-19 crisis has threatened homeowners and …

Easements

Introduction to Easements An easement is a right granting limited use of another property, whether commercial or residential, that impinges on the owner’s otherwise complete title to the property’s ownership …

Co-ownership

Co-ownership Trials and Tribulations: Quiet Title Actions vs. Partition Actions Who owns the real estate and who can sell it? How much should each person get? There are many situations …

Boundary Fence

Who Is Responsible For A Boundary Fence? Good Fences Make Good Neighbors In the “Mending Wall,” Robert Frost describes two neighbors doing routine maintenance on their boundary wall. The one …

Boundary Disputes

Disputes over the boundary between two adjacent properties can take many forms and are the most common cause of real estate litigation between neighbors. They can also be the most …

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 have a survey done based on the deed description to …

Avoiding foreclosure

First, if you’re facing a possible foreclosure, Greenacre Law has you covered. With our experienced California real estate attorneys, you have the best chance of keeping your home. In this …

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