New California Bill Promotes “Transit-Rich” Housing Development
California Senate Bill 827, introduced by Senator Scott Wiener, continues to draw attention as the State struggles to address an under-supply of housing that has not…
Commercial and Industrial Property Owners Take Note: a “Split-Roll” Property Tax Initiative Effort is Underway in California
Proposition 13 — California’s long-tenured law keeping a lid on annual property tax increases — is in the cross-hairs of a new ballot initiative effort. The…
A Prescriptive Easement Can Expand the Scope of an Existing Granted Easement
There are several ways to acquire an access easement over the property of another. The simplest method is by an express written grant from the owner…
What Does a Senior Lienholder Get When a Junior Lienholder Forecloses?
What does a senior lienholder get when a junior lienholder non-judicially forecloses on the property and the sale results in “surplus funds” that exceed the amount…
Notable Eminent Domain and Inverse Condemnation Cases from 2017 (and one from 2018)
Here are the cases that caught our attention from the universe of eminent domain and inverse condemnation during 2017 (and one case from January 2018). We…
Money and Dirt: Reviewing 2017
Here is a look back at some of the top real estate and secured lending developments from 2017 covered here at Money and Dirt: The 2016…
Attorney Fee Recovery by Contract and in Partition Actions
In California, parties to litigation normally pay their own attorney fees unless a contract or statute says otherwise. Parties often include attorney fee provisions in their…
Court Issues New Opinion on Regulatory Takings and “Klopping” Damages
Inverse condemnation is the flip-side of eminent domain. With eminent domain, a public agency files a lawsuit to condemn (takes ownership of) a particular property interest…
Title Insurance Covers That Foreclosure Problem, Right?
In the minds of many buyers of distressed properties at foreclosure sales, the existence of ANY title insurance policy relating to the property — even if…
When a Lender Forecloses on a Leasehold Interest….
Loans are often secured by the fee title to real property owned by the borrower. But loans can also be secured by the borrower’s leasehold interest…