A fence running along the back of two properties looks like it marks the line between them. In many cases, it does. But a fence’s physical position is not the same as the legal property boundary. Fences shift over time, get replaced at different locations, or were built on assumptions that a survey later proves… Read more »
A commercial lease creates a legal relationship between a property owner and a business tenant that is fundamentally different from a residential rental. California’s residential landlord-tenant protections, including the Tenant Protection Act’s rent caps, the implied warranty of habitability, and the mandatory entry-notice rules, do not automatically apply to commercial properties. Instead, the rights and… Read more »
Renting residential property in California comes with a defined set of rights and legal obligations. Property owners have meaningful protections under California law, including the right to collect rent, enforce lease terms, and recover possession through a lawful process. At the same time, California gives tenants significant protections that landlords must understand and follow. The… Read more »
A neighbor claims your fence sits on their land. A sibling challenges your ownership of inherited property. A deceased former owner’s name still appears in the title records. An old deed conflicts with how the property has been used for decades. Each situation can create uncertainty about who holds what legal interest in real property…. Read more »
A neighbor begins clearing land near your property line, and you believe the work is about to cross onto your property. A utility company shows up to install infrastructure you believe goes beyond what its easement allows. Someone has started using your private road without permission, and they show no sign of stopping. In each… Read more »
An easement gives someone a limited right to use another person’s property. When the government holds that right, the property owner still owns the underlying land. What the government can do on that land is defined by the easement’s terms and applicable law, not by what the government eventually decides it wants to do. The… Read more »
A government easement on private land does not transfer ownership. The property owner retains the underlying fee title. The government acquires only a limited right to use the land for a defined purpose. That distinction has real consequences. A property owner whose land is burdened by a government easement still owns the land. They may… Read more »
Two of the most common remedies in California property disputes are quiet title actions and partition actions. Both involve ownership. Both may end up in court. But they address entirely different problems and follow different legal frameworks. A quiet title action resolves a disputed claim to ownership. A partition action divides property among co-owners who… Read more »
A Phase I Environmental Site Assessment is something California property owners, buyers, developers, and lenders encounter routinely in real estate transactions. Yet the legal significance of that document is frequently misunderstood. A Phase I ESA is not a clean bill of health. It is not a guarantee of no liability. And the absence of a… Read more »
Getting a housing project entitled in California is often only the first hurdle. After securing land use approvals, a developer must still obtain building permits, plan check approvals, and grading permits before construction can begin. Local agencies have historically processed these ministerial permits on their own timelines, sometimes delaying projects for months or even years…. Read more »
