California Easement Case Law update An exclusive implied easement which, for all practical purposes, amounts to fee title cannot be justified or granted unless the encroachment is de minimis or the easement is necessary to protect the health or safety of the public or for essential utility purposes. Romero v. Shih – filed May 5,...
In 2021, California amended the Government Code which allows property owners of property larger than 2,400 sqft to divide the lot to allow the construction of up to four dwelling units. The advantage of this law beyond the obvious, is the application to split are reviewed and approved ministerially and must be granted if the...
If you have ever purchased or sold real estate in California you have likely reviewed, signed, and read a substantial amount of documents. California Law imposes on the parties certain disclosure requirements. In an attempt to protect real property buyers the California legislature have instituted multiple laws requiring certain disclosures that must be made by the...
Legal issues with real property Property law is one of the most archaic areas of the law. The concepts for modern property law predate the American Revolution, and even many medieval concepts are still prevalent. The very concept of a “landlord” goes back to the time when those who owned land were, indeed, lords. Property...
If the tenant doesn’t voluntarily move out after the landlord has properly given the required notice to the tenant, the landlord can evict the tenant. In order to evict the tenant, the landlord must file an unlawful detainer lawsuit in superior court. In an eviction lawsuit, the landlord is called the “plaintiff” and the tenant...
CALIFORNIA SPECIFIC RENTAL LAWS As a landlord or rental property owner in California, you are sure to encounter your fair share of legal issues. Before getting into the landlord business, it’s a good idea to have a competent attorney by your side that you can call on for help should any issues arise. But, it’s...
Did you know that the Attorney at Raxter Law – Menifee Lawyer is also a real estate broker? We can assist clients with all their real estate needs including real estate litigation, broker/agent issues, or even listing your property for sale and protecting you during the process of selling your home. Call us today to have...
Did you know that you that Jeremiah Raxter, Esq. is also a real estate broker? We can assist clients with all their real estate needs including real estate litigation, broker/agent issues, or even listing your property for sale and protecting you during the process of selling your home.
This land is your land…until the government wants it! First, let’s discuss that Eminent Domain refers to a fundamental power of the government to take private property for a public purpose without the owner’s consent. The power of eminent domain is incorporated in both the United States and California Constitution. Specifically, the Fifth Amendment...
Partition Actions in Real Estate Law Sometimes joint owners of property cannot agree on what to do with their piece of property. Fortunately, almost every state has a legal procedure to divide real property when the joint owners decide to go their separate ways. One owner can file what is called an action for “partition”. In a divorce action, a...
