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…
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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…
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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
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..…
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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
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…
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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…
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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,…
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