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White and Bright Articles Archive

Boundaries and Encroachments – A Lesson in Sharing – Part 2

June 20, 2013

By: Randolph W. Ortlieb What Does Sharing Have to Do With Encroachments and Boundaries? Sometimes our selfish nature gets the better of us and we fight over things that should be shared. Boundary and encroachment disputes can often be resolved by better understanding how to share things. Courts will often require sharing even when parties don’t want it. What Are Encroachments? An encroachment occurs when the boundary between adjoining lands is ignored and the owner of […]

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New Commercial Lease Disclosure Requirements Concerning Disability Access

June 18, 2013

By: T. Steven Burke and Sam Song On July 1, 2013, California Civil Code section 1938 goes into effect, requiring that all commercial leases in California contain a clause that discloses whether the property has been subject to an inspection by a Certified Access Specialist (“CASp”), and, if so, whether the property meets all of the accessibility requirements for disabled persons set forth by California and federal law. Section 1938 is designed to protect commercial […]

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Easements – A Lesson in Sharing – Part 1

June 17, 2013

By: Randolph W. Ortlieb What Does Sharing Have to Do With Easements? Sometimes, our selfish nature gets the better of us and we fight over things that should be shared. Easement disputes can often be solved by a better understanding of how conflicting uses should be shared. Courts will often require sharing even when the parties don’t want it. What Are Easements? An easement is a sharing of land between a land owner and a […]

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California Usury Exemption for Real Estate Brokers

June 13, 2013

By: Frederick W. Pfister and Sam Song The California constitution protects its citizens from usury, which is the lending of money at excessively high interest rates. Although the California Constitution generally allows for a lender to contract with a borrower for a loan primarily for personal, family or household purposes, the interest rate must not exceed 10% per year. However, there are certain exemptions to this rule and one such exemption that arises in real estate litigation […]

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