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Articles Posted in Real Estate Law

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What is the difference between a grant deed and a gift deed? (Civ. Code § 1113)

The deed to a property is the most important document a property owner has. It describes the title and its associated rights while operating as the conveyance of property itself. But not all deeds are the same. While grant deeds and gift deeds are incredibly similar, their differences can inevitably…

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Title Insurance and Title Guarantees: What’s the Difference? (Ins. Code § 12340.1)

“Title” is the single most important word when it comes to purchasing a property. If there is a problem with it, then an entire real estate transaction can be disrupted or canceled outright. Many people consider the purchasing of a home to be the single most important transaction of their…

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What is an Elisor? (Corp. Code § 128(4))

Just because a party prevails in a lawsuit does not mean the matter is over. Rarely discussed but crucially important is the fact that a judgment must be enforced once it is entered. This isn’t always easy. Losing parties don’t always want to cooperate, especially when they’re operating without an…

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Do All Owners Need to Sign a Real Estate Listing Agreement? (Corp. Code § 1624(a)(4))

A realtor should take the necessary legal steps to ensure that all real estate owners do so. When most people buy or sell property, they hire a real estate agent to assist with the process. While the concept of these agreements seems simple enough, these agreements can get complicated when…

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Can an ousted cotenant recover possession of the property? (Civ. Code § 843)

Yes. Co-owners of property are entitled to certain rights, namely, the right to possess and use the property as they see fit. But sometimes, things do not work out with the other owners.  Heirs to an estate can bicker, business relationships can fall through, and family dynamics can fall apart.…

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How do you sever a joint tenancy in California? (Code of Civil Procedure section 683.2)

Joint tenancy is a special type of co-ownership recognized in California. It is commonly associated with married couples, ensuring that when one of them dies, their entire interest in the property passes to the other spouse. This is called the right of survivorship, and it is the defining trait of…

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What is the difference between a grant deed and a quitclaim deed? (Civil Code § 1113)

The deed to a property is the most important document a property owner has. It describes the title and its associated rights while operating as the grant of the property itself. But not all deeds are created equal.  While grant deeds and quitclaim deeds are the most common tools for…

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A Guide to Tenants-in-Common in California (Civ. Code § 682)

Co-owning property as tenants in common is the favored form of joint ownership in California. (Wilson v. S.L. Rey, Inc. (1993) 17 Cal.App.4th 234, 242 (S.L. Rey).) Yet, property held in tenancy in common brings with it a unique set of potential issues that are not present in the other…

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What is the difference Between Tenants in Common and Joint Tenants? (Code of Civil Procedure section 683)

In California, most real estate is held either as marital property, as a tenancy in partnership, as joint tenants, or as tenants-in-common. While holding titles as spouses or in a partnership is relatively straightforward, questions frequently arise as to the differences between “co-tenants” and “tenants-in-common.” This article will explore the…

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Can a property owner testify as to the value of their property in eminent domain? (CCP § 1260.210)

Yes. But it is a complex affair. Eminent Domain proceedings take on a unique structure with expert testimony as the backbone for the determination of fair market value. Neither side of the litigation has the burden of proof on this issue of just compensation, and unlike the traditional civil court…

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