In California, eminent domain gives public authorities the power to take privately held property, even where the owner of the property doesn’t want to sell. The Fifth Amendment has made it mandatory for eminent domain to be employed only for “public use,” such as for bridges, roads, schools, and hospitals among others. The government is […]
Real Estate Law and Land Use Regulations in California
/by Peterson, Martin & Reynolds LLPCalifornia land use regulation is notoriously complex even though the market opportunities are significant for both investors and end-users. There are new and changing regulations applicable to California properties that must be considered and addressed when you are entering into a real estate transaction. It is important to work with an experienced land use attorney […]
Who Can Claim Property Based on Adverse Possession in California?
/by Peterson, Martin & Reynolds LLPCalifornia is one of the largest states in the US in terms of land, and it is governed by complex real estate laws in both rural and urban areas. Under California law of adverse possession, your neighbors can possess parts of your property. It is essential that you consult with an experienced real estate attorney […]
Conservation Easements in California
/by Peterson, Martin & Reynolds LLPConservation easement refers to a voluntary agreement that places permanent restrictions on the use of a specific land for protecting its conservation values. Owners continue to control the piece of land by placing a conservation easement on it. While they can also take advantage of a tax deduction, they cannot usually develop it. The limits […]
How Commercial Tenants Should Protect Themselves When Leasing a Property
/by Peterson, Martin & Reynolds LLPFor brick-and-mortar businesses, the commercial space they rent is not only one of the key components in their operational costs, but it also plays an important role in the success of their business. Several commercial landlords and tenants in California get into disputes over issues related to the condition of the property, upkeep and maintenance, […]
Do Easements Transfer with The Sale of Property in California?
/by Peterson, Martin & Reynolds LLPEasements provide an individual or entity to use a portion of private property for a specific purpose. These non-possessory rights are typically mentioned in the property deed but could be missed out in certain situations. Easements that are not specified in a property deed usually come to an end when the property is sold, the […]
Disclosure Requirements of California Real Estate Brokers
/by Peterson, Martin & Reynolds LLPReal estate agents in California are required to disclose certain information before transferring property. If the real estate broker fails to disclose what is required by law, they can be held liable for actual damages suffered by the buyer. You should consult with an experienced real estate attorney in California if you are unsure of […]
What Is Just Compensation in An Eminent Domain Case?
/by Peterson, Martin & Reynolds LLPIn California, eminent domain gives public authorities the power to take privately held property, even where the owner of the property doesn’t want to sell. The Fifth Amendment has made it mandatory for eminent domain to be employed only for “public use,” such as for bridges, roads, schools, and hospitals among others. The government is […]
What Are the Landlord’s Remedies When a Tenant Breaches a Commercial Lease?
/by Peterson, Martin & Reynolds LLPIn California, commercial tenants generally have several additional obligations that go beyond paying the monthly rent. This may appear to benefit landlords, but it can also mean significant losses in case the tenant decides to default on the lease. An experienced northern California real estate attorney will be able to explain the available legal remedies […]
What Constitutes a Breach of Fiduciary Duty in California?
/by Peterson, Martin & Reynolds LLPFiduciary relationships work to ensure the highest degree of loyalty and care from one party to another. Breach of fiduciary duty can do more than violate this trust relationship – it may result in irrecoverable costs in a variety of forms. What is a Fiduciary Relationship? A fiduciary relationship has been defined within the California […]
Understanding Quiet Title Action Lawsuits in California
/by Peterson, Martin & Reynolds LLPUncertain property boundaries between neighbors, boundary disputes, unclear ownership of inherited property, and claims of adverse possession are some of the common reasons for filing quiet title actions in California. This type of lawsuit requires legal representation from an experienced real estate attorney for settling a dispute and establishing title to the property. Quiet Title […]