Bad Faith Leads to Voiding of Joint Tenancy Deed and Double Damages Award
California’s Civil Code and common law provide remedies for when someone has been deprived of real property rights under shady circumstances. If the wronged party dies,…
“Put It Back” — Trial Court’s Preliminary Injunction Requiring Restoration of Disputed Sale Proceeds Upheld on Appeal
Real estate investment ventures often disintegrate into infighting and litigation. For examples, look no further than our companion blog The LLC Jungle. In litigation, a court…
Bankruptcy Property Deal Devolves Into Mess of Contract and Fiduciary Duty Claims
The bankruptcy process is often straightforward: the debtor’s debts are discharged, creditors take a haircut of varying degrees, and life moves on. But some bankruptcy proceedings…
Impact of Long-Term Leasehold Interest on County Property Tax Assessment
Based on the 1978 voter initiative commonly referred to as “Proposition 13,” the government can reassess the value of real property for taxation purposes after a…
Interpreting the Scope of Mineral Rights Reservations
One of the first lessons in every first-year real property law class is that property rights are commonly referred to as a “bundle of sticks” that…
Enforcing a Tenant Option to Purchase Under “Changed Circumstances”
Commercial leases sometimes contain an option allowing the tenant to purchase the property. If the option is properly exercised, an enforceable purchase and sale obligation is…
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…
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…
Quieting Title After a Failed Deed in Contemplation of Marriage
Claims for quieting title to real property can be governed by different statutes of limitations periods. But a common issue in quiet title cases is when…
Is an Irrevocable License Binding on a Purchaser?
A landowner grants a license by allowing someone else to use the land. A license can be created by express permission, or by acquiescence (allowing the…