Notable Eminent Domain and Inverse Condemnation Cases from 2016
Here is a list of California’s appellate cases from 2016 in the eminent domain and inverse condemnation arenas that caught our attention: Property Reserve, Inc. v.…
Money and Dirt: Reviewing 2016
Here is a look back at some of the top real estate and secured lending developments from 2016 covered here at Money and Dirt: The California…
Just Because A Deed Is Void Doesn’t Mean It Can Be Challenged “Any Time”
In a case reviewed last year, Salazar v. Thomas, a California Court of Appeal weighed in on how the statute of limitations applies to quiet title…
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…
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…
A Notice of Default Does Not “Disturb Possession”
An action to quiet title in real property can be governed by various statutes of limitation, depending on what theory underlies the claim. Possibilities include the…
LLC Managers Are Not Above The Law (Or Equity)
In an earlier series of posts, I flagged several mistakes frequently made by real estate LLCs. One of those mistakes is ignoring member rights and duties. That…
Junior Lienholders: Know When To Admit Defeat
As any real estate lender or investor can testify, holding a junior lien on real estate security can be perilous. Sure, the yields are higher (and…