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…
Implied Dedication of Private Property to the Public: the Law is Unsettled
Let’s say you own private property including a roadway that connects to public streets on either end. The public has, for a couple of decades, used your…
Respect the Remedy of Rescission in Real Estate Disputes
Claims seeking damages for broken real estate deals may be more common, but the remedy of rescission often provides the most bang for the buck. In…