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California Real Estate Lawyers Blog

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Outside Reverse Veil Piercing in California – Factors Considered

Outside reverse veil piercing differs from traditional veil piercing, which is permitted due to the “‘The alter ego doctrine prevents individuals or other corporations from misusing the corporate laws by the device of a sham corporate entity. Traditional veil-piercing permits a party to pierce the corporate or limited liability company…

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Publishing Summons in Quiet Title Actions – What is Required

A real property title defect will prevent you from selling your property or eventually cause future problems. When there is an issue regarding title to real property, a quiet title action is pursued which results in a court order clarifying the parties’ rights and interests. Such issues include ownership, and…

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Electronic Signatures – How to Prove They are Authentic if the Signer Claims the E-Signature was Forged

Electronic signatures are commonly used in California, especially with real estate contract documents, and are accepted by real estate brokers and escrow officers. But what happens when there is a dispute and the person who supposedly e-signed denies doing so, claiming that the signature was forged? That was the case…

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Adverse Possession of Real Property that is Being Foreclosed – It Matters Who is the Possession Adverse To

A quiet title action is brought to establish, or “quiet”, an interest in real estate between adverse parties. One can establish any interest in property or cloud upon title. (CCP §760.010) A common goal is to establish title by adverse possession. Adverse possession is a way of acquiring title to…

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California Quiet Title Judgments- Does it Protect Only Buyers without Actual Notice, or is lack of Constructive Notice Required?

In California, a third party who acts in reliance on a quiet title judgment retains its property rights even if the judgment is later invalidated as void, as long as the third party qualifies as a bona fide purchaser for value. The third party must do so without knowledge of…

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Damages to Trees – When Treble Damages Requires Trespass

California law provides enhanced damages when someone harms a tree on another person’s property. The tree is owned by the owner of the real estate. There is a provision for doubling the damages incurred for harm caused to timber, trees, and underwood, and trebling it if the harm is intentional.…

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Notice of Recorded Lien in California – When the Name is Not The Same, it is not Notice, & the Lien Does Not Apply

The general rule is that a bona fide purchaser of California real estate for value who acquires their interest in the property without knowledge or notice of another’s rights or interest in the property takes the property free of such unknown interests. The usual way a purchaser receives notice is…

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Quiet Title & the Staute of Limitations – When is a Plaintiff in Undisturbed Possession of the Land?

Quiet title actions establish claims for and against title to California real property. Quiet title has its own rules regarding t when the statute of limitations begins to run – courts look to the underlying theory of relief to determine the applicable period of limitations. Once that is determined, whether…

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