[vc_row][vc_column width=”1/1″][vc_column_text]The law of equitable easements has changed, and the impact may be substantial.[/vc_column_text][thb_gap height=”20″][vc_column_text] (more…)
[vc_row][vc_column width=”1/1″][vc_column_text]A real estate brokers’ license may be suspended or revoked by the Department of Real Estate based upon the broker’s conviction of a crime that is “substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued.” In this issue, we discuss what is “substantially related.”[/vc_column_text][thb_gap height=”20″][vc_column_text] (more…)
[vc_row][vc_column width=”1/1″][vc_column_text]California’s Insurance Commissioner recently identified worker’s compensation fraud as a pervasive problem in the construction industry. But the risks of worker’s compensation fraud have increased substantially, and the practice may be curtailed significantly.[/vc_column_text][thb_gap height=”20″][vc_column_text] (more…)
[vc_row][vc_column width=”1/1″][vc_column_text]The court of appeal has held that an arbitration is not an “action” that will support the recording of a lis pendens on title to real property.[/vc_column_text][thb_gap height=”20″][vc_column_text] (more…)
[vc_row][vc_column width=”1/1″][vc_column_text]The California Supreme Court decided a case with far‐reaching implications in the construction industry, holding that a contractor unlicensed for even a small portion of a large job cannot get paid for any part of that job. The decision may have national impact.[/vc_column_text][thb_gap height=”20″][vc_column_text] (more…)
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THIS ISSUE: In September 2007, we reported on a court of appeal decision holding that an option purchase agreement in a residential lease was unenforceable because it was too uncertain. Recently, however, the California Supreme Court has reversed that decision, finding that even though the option was not perfect, it was nevertheless sufficiently certain to be enforced.
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THIS ISSUE: Commercial property tenant improvements can be costly. In an economic environment where tenants may be financially uncertain, can property owners protect themselves from mechanic’s liens relating to those tenant improvements?
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THIS ISSUE: Typically, courts do not interpret an easement as an “exclusive use” right in land, since such a use would preclude all others – including the owner of the land – from using it. But one recent case held that the clear language of a granted easement created just such an exclusive use right, entitling the easement holders to use the land without interference of any kind from anyone, including the fee owners of the land.
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THIS ISSUE: The California Court of Appeal recently held that some guarantors may be liable for a loan deficiency judgment after a foreclosure sale on real property, while others may not.1 The decision follows long California precedent, but may be ripe for legislative review regarding the inherent risks in personal guaranties during a real estate foreclosure.
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THIS ISSUE: One person’s ownership of two parcels of land will extinguish easements benefitting either of the parcels through the process of “merger.” But what happens when the parcels are owned by multiple parties?
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