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Prescriptive Easements in California: What to Do When Long-Term Use of a Neighbor’s Land Creates Legal Rights

December 20, 2025 | By
Prescriptive Easements in California

When a neighbor has used part of your land for years, or you’ve relied on access across theirs, conflict often starts when a driveway is blocked, a pathway is closed, or a new owner suddenly changes access. In California, long-term, open use can create legally enforceable rights known as prescriptive easements. Understanding how a prescriptive easement in California is established helps property owners respond calmly, avoid escalation, and protect their property rights before a dispute turns into costly litigation.

Under California law, long-term, open, and adverse use of another person’s property can mature into a legally enforceable prescriptive easement, even without a written agreement.

What Is a Prescriptive Easement?

A prescriptive easement is a right to use another person’s land that arises under California common law when certain requirements …

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Posted In: Blog, Easement and Encroachment Actions

Can’t Agree on Selling Your Property? How Co-Owners Can Force a Sale or Buy Out Their Partner in California

November 20, 2025 | By
How Co-Owners Can Force a Sale or Buy Out

Co-owning real property can be a great wealth building strategy until co-owners disagree about selling, refinancing, or keeping the property. When one owner wants to sell and the other refuses, California law offers a path to resolve these disputes through a partition action or a structured buyout.

In 2023, California enacted the Partition of Real Property Act (PRPA), a major reform that reshaped how some partition cases work. These changes dramatically affect litigation strategy, timelines, and outcomes for co-owners throughout the state.

This guide explains what the PRPA does, who it covers, how the buyout process works, and what steps you should take before filing or defending a partition action.

What Changed? Expanded Buyout Rights for Most Tenants-in-Common

Before 2023, California’s statutory buyout rights mainly protected heirs who inherited …

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Posted In: Blog, Partition Actions, Real Estate Litigation

Trial Skills Fundamentals: Cross-Examination and Impeachment in California

June 25, 2025 | By

Cross-examination is a critical component of trial practice. Done skillfully, it can dismantle a witness’s credibility, shape the jury’s understanding of your case, and set the stage for a successful verdict. Done poorly, it can alienate the jury and reinforce the opposing party’s narrative.

This article distills key takeaways from a recent legal training focused on cross-examination and impeachment, integrating strategic insights with relevant California law, including Evidence Code § 773 and portions of the Code of Civil Procedure §§ 90–100, which govern trial testimony and procedure in both unlimited and limited civil cases.

1. Strategic Foundation for Cross-Examination

The Purpose of Cross-Examination

Cross is not about scoring technical points for an appellate record or grabbing sound bites. It’s about storytelling. You are guiding the jury toward your theory …

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Posted In: Blog, Cross Examination

Understanding the Notice of Default (NOD) and Notice of Trustee’s Sale (NOTS)

June 12, 2025 | By

Recent statistics show that California foreclosure filings have increased by 41% in the past year. If your home is in foreclosure, you are far from alone.

Fortunately, California law provides important protections for homeowners to challenge wrongful foreclosures and potentially stop the process.

Below, we explain how the foreclosure process works in California—specifically the Notice of Default (NOD) and the Notice of Trustee’s Sale (NOTS)—and what you can do to protect your home.

Notice of Default (NOD)

The NOD is the first formal step in California’s non-judicial foreclosure process, governed by California Civil Code § 2924. When a borrower falls behind on their mortgage payments, the lender—or more commonly, the trustee—records the NOD at the county recorder’s office in the county where the property is located.

Key Requirements

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Posted In: Blog, Real Estate

2024 California Flipper Law: Key Requirements for Sellers, Buyers, and Investors

June 9, 2025 | By

Home flipping has long been a popular real estate investment strategy in California, with average gross profits on flipped homes reaching $73,500 in 2024 (ATTOM Data Solutions). But as of July 1, 2024, a new California law—AB 968, codified as Civil Code § 1102.6h—significantly changes the disclosure obligations for certain sellers. Known as the California Flipper Law, it aims to increase transparency and protect homebuyers from hidden defects in recently renovated properties.

Here’s what real estate investors, sellers, and buyers need to know about this new law.

What Is the California Flipper Law?

Effective July 1, 2024, Civil Code § 1102.6h applies to sellers who:

  • Sell a residential property with one to four units
  • Accept an offer to purchase within 18 months of acquiring title

If these …

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Posted In: Blog, California Real Estate

California Documentary Transfer Tax Exemptions: How to Save Thousands When Transferring Property

March 27, 2025 | By

Selling or transferring real estate in California often comes with hidden costs. One of the most overlooked is the Documentary Transfer Tax (DTT) – a fee that can surprise even experienced property owners. However, many transfers qualify for exemptions that reduce or eliminate this tax entirely.

If you’re unfamiliar with how these exemptions work, you could end up paying thousands of dollars unnecessarily. The difference often comes down to legal knowledge and attention to detail. A qualified real estate attorney can help you take full advantage of every available exemption and avoid costly errors.

What Is the Documentary Transfer Tax?

The Documentary Transfer Tax is a one-time tax assessed on the transfer of real property in California. It is governed by California Revenue & Taxation Code §11911 and is typically …

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Posted In: Blog, Real Estate Transactions

Understanding FIRPTA: When Foreign Sellers Face Withholding Requirements

March 18, 2025 | By
hen Foreign Sellers Face Withholding Requirements

The Foreign Investment in Real Property Tax Act (FIRPTA) requires buyers of U.S. real property interests from foreign sellers to withhold a portion of the purchase price and remit it to the Internal Revenue Service (IRS). This ensures that foreign sellers pay any applicable taxes on gains from U.S. property sales.

What Is FIRPTA Withholding?

Under FIRPTA, buyers must withhold 15% of the purchase price when acquiring U.S. real property from a foreign seller. The withheld amount is credited toward the seller’s potential tax obligations when they file a U.S. tax return.

Who Is Considered a Foreign Person?

FIRPTA applies only when the seller is classified as a foreign person, which includes:

  • Nonresident aliens
  • Foreign corporations that have not elected to be treated as domestic corporations
  • Foreign partnerships, trusts, or
…
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Posted In: Blog, Real Estate Transactions

Understanding Failure to Disclose Claims in California Real Estate Transactions

March 1, 2025 | By
Failure to Disclose Claims in California Real Estate Transactions

Failure to disclose material defects is a leading cause of real estate litigation in California. Homebuyers, often pressured by a highly competitive market and required to submit contingency-free offers, frequently discover hidden defects only after the transaction is complete. When sellers or real estate agents fail to disclose known material issues that affect a property’s value or desirability, buyers may have legal recourse.

At Vokshori Law Group, we handle failure-to-disclose cases, representing both buyers and sellers in these complex disputes. This blog article provides an in-depth discussion of seller disclosure obligations, legal claims, potential defenses, and strategies for resolving these cases through litigation or mediation.

Seller Disclosure Obligations in California

California law requires sellers of residential property to provide prospective buyers with a Transfer Disclosure Statement (TDS) and …

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Posted In: Blog, Failure to Disclose and Real Estate Litigation, Neighbor Disputes

California’s Good Neighbor Fence Law: Your Rights, Responsibilities & How to Avoid Disputes

February 14, 2025 | By
Failure to Disclose Claims in California Real Estate Transactions

Fences often spark disputes between neighbors due to boundary line confusion, privacy concerns, or maintenance costs. Fortunately, California Civil Code §841, also known as the California Good Neighbor Fence Law, provides guidance on handling these issues.

What Is the California Good Neighbor Fence Law?

Under the California Good Neighbor Fence Law, fences that sit on a property boundary line are presumed to be shared structures, meaning both property owners are equally responsible for their upkeep and expenses unless agreed otherwise.

Key provisions of the law include:

  • Equal Cost Sharing: Both neighbors must contribute equally to the costs of installation, maintenance, and repairs unless a prior agreement states otherwise.
  • Written Notice Requirement: A property owner planning to build or repair a shared fence must notify their neighbor at least 30
…
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Posted In: Blog, Neighbor Disputes

California Homeowners Gain More Time Under New Foreclosure Law in 2025

January 30, 2025 | By
California Homeowners Gain More Time Under New Foreclosure Law in 2025

On January 1, 2025, a new law in California came into effect, offering critical protections to homeowners facing foreclosure. This legislation provides additional time for homeowners to sell their property and avoid losing it to foreclosure. Specifically, the law grants a 45-day extension for homeowners who sign a listing agreement with a licensed real estate agent, with an additional 45-day extension if the property goes into escrow. Here’s what you need to know about this important change and how it could help you or someone you know.

How the Law Works

The new law aims to give homeowners in distress more breathing room to sell their properties on the open market rather than losing them to foreclosure auctions, which often result in lower sales prices and devastating financial consequences.

  1. Listing
…
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Posted In: Client Resources, Foreclosure

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