Enforceability of Commercial Lease Co-Tenancy Provisions
A commercial lease co-tenancy clause conditions a retail tenant’s opening for business or continuing operations at the designated property upon another tenant opening for business or…
Assertion of “Constructive Trust” Can Sometimes Support a Lis Pendens
This post was primarily authored by Patton Sullivan Brodehl attorney Zachary Young. One of the tools available in the real estate litigation attorney’s toolbox is a…
APNs Do Not Define Title To Real Property
In a prior post from 2020, Money and Dirt covered an opinion from California’s Fourth Appellate District holding that an Assessor’s Parcel Number (APN), by itself,…
Sometimes Real Property Rights Can be Adjudicated in a Criminal Case Where the Property Owner is Not Even a Party
This post was primarily authored by Patton Sullivan Brodehl attorney Zachary Young. Owners of real property generally understand that their property rights can be impacted by…
How to Establish an Equitable Easement
Most easements are created by a recorded instrument. Not so with one of the more exotic species of easement — the “equitable easement.” A case recently…
Lenders Have No Duty to “Process, Review, and Respond Carefully and Completely” to Loan Modification Applications
One of the unresolved issues over the past several years in the realm of lender liability law is whether lenders owe tort duties to borrowers in…
Remedies for Trespass by Encroachment
This post was primarily authored by Patton Sullivan Brodehl attorney Zachary Young. A trespass by way of encroachment occurs when a building, structure, or other “thing”…
Right of First Refusal Overcomes “Uncertain” Language and Bad Faith
A right of first refusal is a contractual right to purchase property that arises when the owner decides to sell. The holder of a right of…
Commercial Leases, Arbitration, and Attorney Fee Awards
This post was primarily authored by Patton Sullivan Brodehl attorney Zachary Young. As a litigator, whenever I am presented with a new contract dispute, one of…
Developers Lose Challenge to Annexation Fees
Real estate developers are painfully aware of various types of fees imposed by local agencies as a condition for permitting development projects. A pair of opinions…