An easement gives one person the right to use another person’s property for a specific purpose—like accessing a driveway, maintaining utility lines, or crossing land to reach a shared road. In California, easements are common, but disagreements often arise over boundaries, maintenance responsibilities, or misuse. When informal discussions fail, legal action may...
Category: Real Estate
What Is a Non-Disclosure in Real Estate and How to Respond
Buying property in California is often one of the most significant financial decisions you’ll make. You expect that the seller will be upfront about the condition of the home or building, but sometimes key details are left out. When a seller hides or fails to share information they are legally required...
What Constitutes a Breach of Real Estate Warranty in California?
Buying real estate in California is a significant financial decision, whether it’s a home in San Jose or an investment property in San Francisco. Deeds often include warranties—legal promises made by the seller to the buyer—that protect ownership rights. When those promises prove to be untrue, it can lead to costly...
How to Handle Disputes Over Property Boundaries in San Jose
Differing assumptions about the exact location of property boundaries can lead to legal disputes between neighbors, particularly in more populated suburban and urban communities. For example, a property owner might place a garden or fence on what their neighbor believes is their property.
Here’s what you need to...
Quiet Title vs. Title Insurance: What’s the Difference?
Quiet title actions and title insurance are two ways to address the title issues that may arise when you purchase real estate. Title insurance offers certain proactive protections in the event of a title dispute, whereas quiet title actions may be taken in response when a title issue arises.
Quiet Title Actions: When and Why You Might Need One
A quiet title action is a lawsuit that settles ownership disputes over real estate. Property owners file this type of case to establish clear and marketable title, which exists when no one else has a valid claim to a property. Courts review these claims and issue decisions confirming ownership.
Easements and Public Access: What Are Your Rights as a Property Owner?
An easement is a legal right that grants someone the ability to use another person’s property for a specific purpose. While the property owner still owns the land, they must allow the easement holder to use it as permitted by law or agreement. Easements can be temporary or permanent and may involve...
How to Terminate or Modify an Easement: Legal Strategies
Do you own a property that’s subject to an easement, such as an access easement that allows an adjoining property owner to traverse your property to access a public road or common resources like a waterfront? If so, you may eventually seek to limit or end the use of the easement to...
Understanding Your Rights When a Real Estate Contract is Breached
Buying or selling real estate can be one of the most significant financial transactions you'll ever make. With high stakes involved, it's important to understand your rights should your contract be breached. In California, specific laws protect both buyers and sellers when things go wrong in a real estate deal. Knowing what...
Mediation and Arbitration in Real Estate Contract Disputes
Real estate transactions involve significant financial stakes, and when disputes arise, it’s extremely important to resolve them as quickly as possible. While litigation is an option, it's often costly and time-consuming. In California, many real estate disputes are resolved through mediation or arbitration—two forms of alternative dispute resolution...