» commercial real estate

Good News, Bad News: The CASp Report

November 1st, 2013
First, some bad news. A CASp report[1] is now required by law for commercial properties when a lease is negotiated. The good news: when you have this report, you have the power to correct accessibility problems and to defend ADA lawsuits. CASp Report… Read More
Read More
Categories: Real Estate
Tags: ADA, business, CASp, commercial real estate, real estate, real estate law, real estate litigation, real estate transaction

ADA Lawsuit Reform – SB 1186

August 27th, 2013
Introduction The Legislature enacted SB 1186 to as a part of its ADA lawsuit reform efforts, specifically to address litigation abuse, such as “vexatious litigation” — lawsuits that are not pursued to rectify wrongs or to advance or create a pu… Read More
Read More
Categories: Litigation
Tags: ADA, business, business disputes, business law, CASp, commercial real estate, legal dispute, litigation, real estate, real estate law, real estate litigation, real estate transaction, small business

Koontz: A Valuable Weapon Against Government Sponsored Extortion

July 3rd, 2013
The U.S. Supreme Court decided a case which bolsters the rights of property owners against government agencies who impose “extortionate” demands or development fees. The opinion was issued on June 25, 2013 in the case of Koontz v. St. Johns River… Read More
Read More
Categories: Litigation, Real Estate
Tags: case law, commercial real estate, litigation, litigation attorneys, real estate, real estate attorneys, real estate law, real estate litigation, real estate transaction

Boundaries and Encroachments – A Lesson in Sharing – Part 2

June 20th, 2013
What Does Sharing Have to Do with Boundaries and Encroachments? Sometimes our selfish nature gets the better of us and we fight over things that should be shared. Disputes concerning boundaries and encroachments can often be resolved by better unders… Read More
Read More
Categories: Real Estate
Tags: commercial real estate, easements, encroachments, injunctions, legal dispute, litigation, property, property disputes, real estate, real estate disputes, real estate law, real estate litigation, real estate transaction

An Easement – A Lesson in Sharing – Part 1

June 17th, 2013
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. Disputes concerning an easement can often be solved by a better understanding of how conflicting uses sho… Read More
Read More
Categories: Real Estate
Tags: commercial real estate, easements, property, property disputes, real estate, real estate disputes, real estate law, real estate litigation, real estate transaction

Tax Exempt Organization? Watch Out for Adverse Possession

April 12th, 2013
Contributor: Frederick W. Pfister
Adverse possession is often cited as a very narrow remedy in California due to the challenges in showing payment of property taxes. While California has a very short five year time period to acquire property by adverse possession, it famously require… Read More
Read More
Categories: Real Estate
Tags: adverse possession, business, case law, commercial real estate, easements, property, property disputes, property law, real estate, real estate attorneys, real estate disputes, real estate law, real estate litigation, real estate transaction

Interpretation of “Best Efforts” Clauses in Real Estate Contracts

January 23rd, 2013
Contributor: Frederick W. Pfister
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
Read More
Categories: Real Estate
Tags: business, case law, commercial real estate, contracts, property, property law, real estate, real estate attorneys, real estate contracts, real estate disputes, real estate law, real estate litigation, real estate transaction

Valuation of an Easement – Appreciation in Value of the Servient Tenement

November 4th, 2012
Contributor: Frederick W. Pfister
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. Background of the Case In thi… Read More
Read More
Categories: Real Estate
Tags: case law, commercial real estate, easements, property, property disputes, real estate, real estate attorneys, real estate disputes, real estate law, real estate litigation

It's Your Obligation to Defend Against A Prescriptive Easement

October 22nd, 2012
Contributor: Frederick W. Pfister
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
Read More
Categories: Real Estate
Tags: case law, commercial real estate, easements, property, property disputes, real estate, real estate attorneys, real estate disputes, real estate law, real estate litigation
1 2 Last »