The grass is always greener
on our side of the fence
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…
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…
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…
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 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” clause is standard language in boilerplate real estate purchase agreements like the California Association of Realtors (CAR) Residential Purchase Agreement (RPA). This agreement states, for example, that “the Property is…
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 are actually very different concepts, and it is important to understand the distinction. Basically, a deed is a “legal instrument” that describes the bounds of the property and defines the…
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 11) only runs to 15 chapters, what on earth is a Chapter 20 bankruptcy? “Chapter 20” is a tongue-in-cheek phrase used by bankruptcy attorneys to describe filing for bankruptcy under…
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 what are “bounds” anyway? We are all familiar with the concept of boundaries, but if you find yourself involved in a boundary dispute, comparing deeds and getting a survey of…
