Real estate title in more rural or agricultural areas of California are often reliant on ancient surveys, sometimes handwritten, relying on monuments that are gone or have changed, and less accurate survey instruments. When disputes arise, the parties must rely on their surveyors to convince a judge that they are…
When California lenders and buyers seek title insurance, they want to be sure that the title to the property that they are receiving, or the security for their loan, is what they expect it to be. In the case of the lender, they want to be sure that they are…
Last week I discussed a cotenancy provision in a California commercial lease, where the court found that the rent abatement aspect – if the specified cotenant was not operating, the tenant’s rent is reduced or eliminated – was found to be an unenforceable penalty. That court also looked at whether…
Cotenancy provisions are often required by larger retail tenants in shopping centers of all sizes. They require other specified stores in the center to be open and operating, on the assumption that these other stores will draw the desired mix of potential customers. They come in two flavors; opening requirements,…
California real estate sellers and buyers are rightly concerned about reassessment of the property on sale. A parcel held for many years is assessed, and taxed, based on the purchase price long ago. Prop 13 provides that, real property generally is taxed based on its value at the time of…
Title Insurance – Only Insures Against Claims Alleging a Defect, Lien or Encumbrance Against Title – The Preliminary Report Is Not A Contract Guarantying The State of Title Buyers of real estate in California routinely buy a policy of title insurance. This insurance is triggered when there is a claim…
A deed in lieu of foreclosure is occasionally used as an alternative to a foreclosure sale. The borrower merely deeds the property back to the lender “in lieu of foreclosure.” The lender does not have to go through the time and expense of a foreclosure, and the borrower/owner gets the…
The proper use of an easement is often the subject of disputes in California. An easement is a restricted right to a definable use or activity on someone’s property, and it must be less than the full right of ownership. Real estate attorneys are often consulted when someone interferes with…
Altered or forged deeds are subject to some specific rules in California. In some cases, where it is altered by a party to the deed, they may be declared void, and of no effect. If it is altered by a third party, it is not entirely void – it is…
When a foreclosure sale occurs, the lender often bids at the sale the entire amount due on the loan. If no one bids higher, they obtain the property. But are they entitled to then collect insurance for pre-foreclosure damage? Sometimes insurers obtain their own insurance policy, which covers them for…