The grass is always greener
on our side of the fence
Arbitration is a form of alternative dispute resolution (ADR) commonly used to solve problems outside of court. It is like mediation in that it is an alternative to litigation, but unlike mediation, in that arbitration is binding, and the arbitrator has authority. In...
Most disputes involving real estate in California end up in mediation somewhere along the way. Judges routinely ask parties to try to mediate their problems before going to trial because it is a highly effective form of alternative dispute resolution. It benefits...
When you are buying property, whether it is your first time or you have been a property owner before, you are probably very excited to get everything squared away and make the property yours. However, inquiring about crucial issues that could compromise your...
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…
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…
