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Articles Posted in Real Estate Law

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How do you sue “all unknown persons” in a quiet title action? (CCP § 763.010)

Service of process is a crucially important part of every lawsuit in California. If a defendant is not served and thus does not receive notice of a lawsuit, then any judgment entered against them is void for lack of jurisdiction. While service of process can usually be accomplished with a…

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In Eminent Domain, what must be included in a pre-condemnation offer? (Gov. Code § 7267.1)

A pre-condemnation offer is a formal offer based on an appraisal that the government needs to offer a property owner prior to filing a condemnation claim in court. Condemnation is the special word given to eminent domain actions and should not be confused with the condemnation that is associated with…

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What are the rules for race-notice/recording in California? (Civ. Code § 1215)

Sometimes, two or more persons claim to have an interest in the same piece of property. If these interests conflict, then the courts have to step in to adjudicate the dispute and decide whose title is true. But things can get messy when both parties appear to have valid deeds,…

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What are the historical origins of joint-tenancies and tenancies-in-common? (Blackstone, Commentaries on the Laws of England)

American law has its roots in the laws of England. As such, many of the laws still on the books in the 21st Century depend on what English judges thought prior to our War for Independence began in 1776. Because our modern laws go back centuries since before the United…

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What is a Claim for Waste in California? (Civ. Code § 818)

A “waste” claim is a means of recovering damages when a tenant on real property does substantial damage to the property itself. Most often, a waste claim arises when a person renting property causes damage while living there. But a waste claim isn’t restricted to landlords and tenants. It applies…

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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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