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Quiet Title Actions

Preventing Adverse Possession – What Every California Property Owner Needs to Know

August 16, 2024 | By

If you own property in Los Angeles or anywhere else in California, it’s crucial to be aware of adverse possession. This legal concept can potentially allow a trespasser to claim ownership of your property if specific legal requirements are met. Understanding how adverse possession works and how to prevent it is essential for safeguarding your real estate assets.

What is Adverse Possession?

Adverse possession is a legal doctrine that permits a trespasser to potentially gain legal ownership of another person’s property. Under California law, this concept is governed by a combination of statutes and case law. The primary statute governing adverse possession in California is found in the California Code of Civil Procedure Sections 318, 319, 321, and 325. These statutes outline the legal requirements that must be met for …

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Posted In: Blog, Quiet Title Actions, Real Estate Litigation

Resulting Trusts In California

August 12, 2024 | By

Trusts are created by property owners to protect certain assets, privately transfer wealth, and reduce taxes.  However, trusts can fail and not operate as intended. In these situations, a probate judge could invoke a “resulting trust” as an equitable remedy to properly transfer the property, carry out the terms of the trust agreement, and protect the positions of the beneficiaries.

When trusts fail and assets need reassignment, the Vokshori Law Group’s experienced real estate litigation attorneys step in. They handle such cases to ensure a fair resolution and the proper reassignment of assets.

The Resulting Trust Remedy

There are three common reasons for a trust to fail:

  • the property owner did not fully fund the trust,
  • the owner did not update the trust as situations changed, or
  • the beneficiaries cannot
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Posted In: Blog, Quiet Title Actions, Real Estate Litigation

Quiet Title Actions Explained

May 20, 2024 | By

The purpose of a quiet title action is to establish title against adverse claims to real property or any interest in the property. [Code Civ. Proc. §760.020] The remedy of quiet title can be combined with other causes of action or other remedies. In an action or proceeding in which establishing or quieting title to property is in issue, the court may, in its discretion and on the motion of any party, require that the issue be resolved pursuant to the Code Civ. Proc. provisions relating to quiet title actions. [Code Civ. Proc. §760.030]

Jurisdiction

A quiet title action must be brought in the superior court of the county in which the real property is located. Once the action is before the court, the court has complete power to determine …

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Posted In: Blog, Quiet Title Actions, Real Estate Litigation