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White and Bright Articles Archive

Its Your Obligation to Defend Against Prescriptive Easements

October 22, 2012

A property owner must be proactive to take affirmative steps if they want to prevent a prescriptive easement from being established over their property.

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Recent Changes to the Law on Works of Improvement [Mechanic’s Lien Law] Affect Contractors, Owners and Developers

October 10, 2012

Effective July 1, 2012, California state law on enforcement of payment rights involving works of improvement was given a face lift by the legislature. The law involves mechanic’s liens, stop notices and payment bond claims. All construction contractors, developers, lenders, and owners should become familiar with the revised law. Any forms used to enforce lien rights should be updated to refer to any required language in the revised law, as well as the new code sections. Some of the key changes to the law involve preliminary notices, payment bond claims and mechanic’s lien release bonds. This article hi-lights some of the key changes to the revised law.

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The Doctrine of Agreed Boundaries Requires an Actual Agreement

October 4, 2012

The agreed boundary doctrine is very often considered as one of the most straight forward legal doctrines. Essentially, if neighboring property owners agree on the boundary between their respective properties, that boundary becomes the property line, even if one of the parties is encroaching. However, what happens when there is an encroachment and there is no evidence of a past agreement?

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