The grass is always greener
on our side of the fence
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…
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…
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 case, we see that the right of contractors to place mechanic’s liens is strongly protected, even if the lien is improperly filed or, as in this case, multiple successive liens…
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 court decision in the suit of Rye v. Tahoe Truckee Sierra Disposal Co., Inc. In this case, the California courts affirmed the control of the use of an express easement,…
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 the boundary from a starting point through a series of distance measures (“metes”) between markers (“monuments”) or using natural bounding landmarks such as rivers or walls called “bounds.” This may…
“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. It is useful to keep the idea of magic words in mind whenever you are dealing with a legal document. These magical documents which call into being some relationship, entity,…
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, the main consideration is—taxes. So under this new president, what kind of changes to tax laws might we see, and how will they potentially affect you? In this post, we…
