Court: No Partition of Property Before Determining Ownership Interests
Partition is a commonly used legal procedure for “segregating and terminating” common interests in the same parcel of real property. Partition may be “in kind” (an…
The Wrong Way for a Trustee to Interplead Foreclosure Sale Proceeds
Like most jurisdictions, California allows for “interpleader” actions, where a party holding funds that it has no interest in can deposit the funds with the court…
Adverse Possession and Prescriptive Easements Are Not The Same
In our prior post — Equitable Easements and “Innocence” — we covered a portion of the California Fifth District Court of Appeal’s opinion in Hansen v.…
Equitable Easements and “Innocence”
Aside from an express grant, there are a few other ways of obtaining easement rights over property owned by another. One such creature is an “equitable…
“Transit-Rich” Housing Bill Dies in Committee
In our blog post of just one month ago — New California Bill Promotes “Transit-Rich” Housing Development — we provided an update on California Senate Bill…
Apartment and Condo Developers in California Take Note: Court Clarifies Calculation of School Impact Fees
Under California’s Education Code (section 17620), a school district can levy a fee on new residential construction for the purpose of funding new or improved school…
When a Tenant Exercises an Option to Purchase, When Does the Obligation to Pay Rent End?
Some commercial leases provide the tenant with an option to purchase the real property. When the tenant exercises such an option, does the tenant’s obligation to…
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…