How Far Must the Owner of a Right-of-Way Easement Go to Maintain It?
California law is clear that the owner of a private right-of-way easement has a duty to maintain the easement. What is less clear is how far…
The Growing Trend of Contractor Negligence Liability Despite Lack of Contract Privity
Historically, courts typically refused to impose liability for negligence in the performance of a contract unless the plaintiff was a party to the contract. Thus, whenever…
The Hoops and Hurdles of Bringing Claims Against Local Governmental Entities
The path to bringing claims against local governmental entities, such as cities and counties, is one filled with obstacles that can deliver a fatal blow to…
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…
Limits on Limits: Commercial Lease Provision Limiting Landlord’s Liability Deemed Unenforceable
Generally, California law treats parties to a commercial lease as sufficiently sophisticated, equal bargainers, capable of negotiating an agreement governing their relationship, such that it should…
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…
Court Rejects Commercial Tenant’s Argument for Relief From Rent Due to “Temporary Frustration of Purpose” During Pandemic
Earlier this year, Money and Dirt covered a then recent case, West Pueblo Partners, LLC v. Stone Brewing Co., LLC, which was one of the first…
Easement Considered Abandoned When Authorized Use No Longer Has Practical Value
As properties age, it is not uncommon for lingering easements to exist on record which were originally created to serve needs that no longer exist or…
Covid-19 Pandemic And Related Closures Do Not Excuse Commercial Tenant’s Failure To Pay Rent
This post was primarily authored by Zachary B. Young, a “Rising Star” for four years running who was recently elevated to Partner at Patton Sullivan Brodehl…
Sometimes, an HOA Can Sue on Behalf of its Members
This post was primarily authored by Zachary B. Young, a “Rising Star” for four years running who was recently elevated to Partner at Patton Sullivan Brodehl…