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…
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…
California Supreme Court Settles Split of Authority re Implied Dedication of Private Property to the Public
In a 2015 post on Money and Dirt, we reviewed a then-recent Court of Appeal decision, Scher v. Burke, and discussed the split of authority among…
Equitable Easement Without Preexisting Use?
When a landowner whose parcel is landlocked needs to gain legal access to the property, an “equitable easement” is often the remedy of choice. An equitable…
Adverse Possession of an Easement: Mistakes, Gates, and Fences
Just as fee title to real property can be lost by adverse possession, the same is true with easements. In a recent opinion from California’s Sixth…
Beware CC&Rs — They Can Bite
In teaching Real Estate Transactions and Litigation to advanced Law and Business students at U.C. Berkeley’s School of Law, I find that one of the most…
Another Case Addressing a Potential Trap for Real Estate Investors: Dedication of Private Property to the Public
In a prior post, Implied Dedication of Private Property to the Public: the Law is Unsettled, we saw that California courts have struggled with the interpretation…
Rescinding a Foreclosure Sale (or Any Other Real Estate Deal) — Act Quickly, or Lose the Remedy
In a prior post, Respect the Remedy of Rescission in Real Estate Disputes, I highlighted the often under-appreciated remedy of rescission. With rescission, both parties are…
Money and Dirt: Reviewing 2015; Previewing 2016
We’ll end 2015 with a quick look back at some of the important developments in California real estate and secured lending law covered in this blog,…
Subdivision by Condemnation?
Does a condemnation proceeding resulting in the physical separation of property into separate parts accomplish a “division” of property within the meaning of California’s Subdivision Map…