News & Blog

Interpretation of “Best Efforts” Clauses in Real Estate Contracts

What standard of care or contractual duty should be applied in order for a party to fulfill a “best efforts” requirement in a contract? This question is a frequently litigated topic in contract dispute cases, including real estate contracts, as..… Read More
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Valuation of an Easement – Appreciation in Value of the Servient Tenement

The recent decision in SCI California Funeral Services, Inc. v. Five Bridges Foundation (2012) 203 Cal.App.4th 549, confirms a new valuation approach for determining damages in the termination of an appurtenant easement. In this case, SCI California… Read More
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Its Your Obligation to Defend Against Prescriptive Easements

The recent decision in Connolly v. Trabue (2012) 204 Cal.App.4th 1154, confirms that a property owner must be proactive to take affirmative steps if they want to prevent a prescriptive easement from being established over their property. A frequent t… Read More
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The Doctrine of Agreed Boundaries Requires an Actual Agreement

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,… Read More
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