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...
Category: Real Estate
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...
Pay Attention to these Real Estate Contract Provisions When Buying a House
Buying a house is an exciting, and stressful, time. After all, buying a house is likely to be one of the biggest, if not the biggest, purchase a person will make during their lifetime. Make sure you are protecting yourself throughout the process as missteps during home buying can have big and...
The Importance of Disclosures in Real Estate Transactions
A real estate purchase is likely to be one of the biggest purchases of your whole life. People invest significant financial resources into real estate transactions. Because of the time, effort, and money that is poured into them, disclosures in real estate transactions become critical. State law recognizes that buyers have the...