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 law consists of a wide array of concepts such as title, easements, adverse possession, real estate transactions, contract issues, and landlord tenant issues.
Property can be either commercial or residential and generally are covered by different laws. For example, California is considered by many, a “renter” friendly state, when it comes to residential homes but in commercial leases the parties are equal. California laws have few built-in protections for commercial renters.
Since California is considered “renter friendly” landlord as have be particularly careful to follow each and every requirement. Commercial tenants should consult with an attorney during their lease negotiations because the law considers the parties equal. Generally, that means each party is assumed to understand the lengthy lease (even if they truly do not).
Easements are becoming more of an issue as land is developed in areas that have historically been haphazardly planned. Parts of Arrowhead and the desert are being developed without regard to streets and the general plan. It is not unheard of to purchase or own property that is considered “landlocked”. Under certain circumstances, someone other than the property owner may be permitted to exercise certain rights over the owner’s property without affecting the ownership of the land. For instance, a person whose property is surrounded by another owner’s land may be granted an easement to use a neighbor’s driveway to reach their land. In fact in the last easement issue my office handled we are still using laws created in the early 1900 as they still control today.
Real Estate transactions are like children – no two are the same. Moreover, the one you think will be nice and quiet is usually the one that makes the most trouble. Real Estate is generally the largest investment a family has so it is important to seek professional advice concerning real estate matters. Realtors and Real Estate Agents are great and should be used but keep in mind that only a licensed attorney can give legal advice and should be consulted if you have any concerns or a unique situation.
With property values increasing and becoming more and more scarce in this area of property law and will continue to be important and control how our community grows. In some aspects property law is ever changing and in others we are still controlled by decisions from the 1800’s. But that what makes property law exciting it’s either new or law that “Ma and Pa” from Little House and the Prairie had the same issues.
Jeremiah Raxter, Esq – California Real Estate Broker
27851 Bradley Rd, Suite 145
Menifee, Ca 92586