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Real Estate Litigation

Zoning Laws and Land Use Disputes: Legal Insights and Solutions

June 14, 2024 | By

Zoning laws and land use regulations are crucial in shaping the development and organization of communities. They dictate how land can be used, what structures can be built, and ensure that property use aligns with community goals and standards.

However, these regulations can also lead to disputes, often requiring legal intervention to resolve. In this article, we will explore the intricacies of zoning laws, common land use disputes, and how a real estate litigation lawyer can provide effective solutions.

Understanding the Zoning Laws in California

Zoning laws are local regulations that govern how land can be used within specific areas or “zones” of a municipality. These zones can include residential, commercial, industrial, agricultural, and mixed-use areas, each with distinct rules and restrictions.

The primary objectives of zoning laws are to:…

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Posted In: Blog, Real Estate Litigation, Real Estate Transactions

Understanding Partition Actions in California: A Guide for Co-Tenants

May 30, 2024 | By

In California, partition actions are a common legal remedy for co-owners who want to end their shared ownership of a property. This process can lead to either the sale of the property and division of the proceeds, or the physical division of the property into separate parcels.

This article will guide you through what a partition action entails, especially focusing on how co-owners can manage improvements and repairs to the property. We’ll delve into the rights and responsibilities of co-tenants, how to claim reimbursement for property enhancements, and the intricacies of handling these situations in court.

The Partition Action

In California, a partition action is a civil procedure used by a co-owner to end joint ownership of a property. This can result in either the sale of the property and …

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Posted In: Blog, Real Estate Litigation, Real Estate Transactions

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, Real Estate Litigation, Real Estate Transactions

Equitable Easements in California: Insights from Romero v. Shih

May 17, 2024 | By

In the notable case of Romero v. Shih, the California Court of Appeal dealt with a failed lot line adjustment and its transformation into an equitable easement, providing a significant learning point for legal professionals, especially those in real estate and property law.

Background of the Case

The case revolved around two adjacent residential lots that had been under the same ownership since 1941. An attempt was made to adjust the lot lines to prevent practical issues with a driveway on the narrower lot. Despite initiating the process, including obtaining a zoning variance and preparing a new map, the adjustment was never formally recorded. This oversight led to subsequent ownership disputes when the lots were sold, using the original legal descriptions, and new owners found discrepancies in the lot …

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Posted In: Blog, Real Estate Litigation, Real Estate Transactions

Understanding Easements and Resolving Neighbor Disputes

April 26, 2024 | By

The old American adage is “good fences make good neighbors,” but at times there are property boundary disputes between neighbors when the fence does not track the actual property boundary. When these conflicts occur, understanding the legal nuances of property rights becomes essential. Here’s a clearer look into adverse possession, prescriptive easements, equitable easements, and how disputes, especially those involving trees, are managed.

Adverse Possession: A Rare Occurrence

First year law students are often surprised when they learn that if a “squatter” occupies land in a manner that is (1) under a claim of right, (2) actual, open and notorious giving reasonable notice to the true owner, (3) hostile to the true owner, (4) continuous for a period of at least five years and (5) payment of property taxes on …

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Posted In: Blog, Real Estate Litigation