The grass is always greener
on our side of the fence
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 effect that may hurt property owners and renters for years to come, as evictions, bankruptcy, and defaults on mortgages ripple through the economy. The federal government, CDC, and the State…
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 of your dreams into an extended nightmare. Luckily, there are available remedies, but the best option depends on whether you are the buyer or seller, the type of damage, the…
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” or “waived.” In order to remove a contingency, the buyer must inform the escrow holder in writing that the conditions of the contingency have been met. If the contingency cannot…
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 industries recover, and many jobs are gone for good. The latest stimulus checks may bridge the gap for some, but for many debts are piling up and economic prospects remain…
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 that a title is valid and that there are no conflicting claims to ownership of a property is crucial to any sale of real estate, especially since land changes hand…
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 of Jeannie and J.R. Ewing on Dallas, sued to quiet title based on adverse possession. And won. What is interesting about Hagman’s case is that he won without one of…
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 used in California real estate and the level of protection they afford the buyer. (For the difference between deed and title, see “Real Estate Transactions: Title vs. Deed.” For the difference between…
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 because an easement says that it is for “public road purposes” does not make the private easement a public right-of-way. Rather, the easement must be interpreted in its intended sense: the easement…
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 (although if you have an HOA, you might have recourse through your association). However, if a fence “unnecessarily” exceeds 10 feet in height and is erected maliciously simply for the…
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 of modern legal practice. In the second installment in our little series about the history and magic of real estate law, we will look at another ancient custom that still…
