Real Estate Law Archives

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

Published on: August 10, 2022 | By Underwood Law Firm, P.C.

Underwood-Blog-Images-3-300x300 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 a joint tenancy.

The right of survivorship, however, can be an uncomfortable concept for co-owners, particularly when those owners are not related and are merely business partners. For that reason, co-owners can attempt to sever the joint tenancy to extinguish the right of survivorship.

The Underwood Law Firm, P.C. is familiar with all types of cotenancies, including joint tenancies, and the various means of severing them under the law.

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

Published on: August 5, 2022 | By Underwood Law Firm, P.C.

Underwood-Blog-Images-1-1-300x300 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 transferring title, they carry different warranties and convey fundamentally different property interests. These differences are immensely important, as they determine what rights a property owner actually has. The Underwood Law Firm, P.C. encounters both types of deeds with frequency and has the familiarity and skill to help titleholders understand their rights.

What is a deed?

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

Published on: July 29, 2022 | By Underwood Law Firm, P.C.

underwood-guide-to-tenants-in-common-300x300 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 forms of joint ownership recognized by the state. (see California Civil Code, § 682.)

Different ownership interest percentages between co-owners can affect one’s responsibilities for common expenses and levels of disbursement on a sale. A fiduciary relationship between joint owners can disrupt a co-owner’s ability to acquire an encumbrance. Payments for improvements to the property may not be recoverable in an accounting action if deemed “unnecessary.” These are just some of the issues we will attempt to address in this post about the financials of tenancies in common.

Developing Co-Owned Property

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

Published on: July 13, 2022 | By Underwood Law Firm, P.C.

Underwood-Blog-Images-1-300x300 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 difference between the second type of ways of holding titles between unmarried individuals, which is generally known as “co-tenancy.” (Civ. Code § 682.)

How is a joint tenancy created in real estate?

Generally, creating and maintaining a joint tenancy is much more difficult than creating a tenancy in common. First, a joint tenancy exists only when the “four unities” are concurrently present in the estate: the unity of interest, unity of time, unity of title, and unity of possession. (Tenhet, 18 Cal.3d 150, 155.) Second, by statute, a joint tenancy exists “when expressly declared in the will or transferred to be a joint tenancy.” (CCP § 683.)

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

Published on: June 28, 2022 | By Underwood Law Firm, P.C.

A lawyer holding her gravel with documents on her desks and beside her is someone holding lots of money.
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 case, the Defendant presents their evidence first. (Code. Civ. Proc. § 1260.210.)

Additionally, judges will often place limits on what a homeowner may testify to and can screen the witness beforehand to ensure that they’ll be employing a valid methodology on the stand. Taken as a whole, the process can be quite daunting to the layperson. This post will therefore look at the common issues and questions which arise regarding testimony in eminent domain.

The Importance of Testimony in Eminent Domain Proceedings

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What is pre-judgment interest on an eminent domain award? (CCP § 1245.220)

Published on: June 6, 2022 | By Underwood Law Firm, P.C.

Books stacked on a desk with a lawyer's gravel. Pre-judgment interests are accrued interests on judgment amounts. Eminent domain is when the government “takes” private property for the public’s use and then owes fair and just compensation to the original private property owners. An eminent domain award is the court-ordered judgment amount that is based on the fair market value of the property owed to the private property owner.

Generally speaking, eminent domain awards must be paid out to the private property owner before a property’s title can be transferred or the government can take physical possession of the property. Read on to understand what both pre-judgment interests are and eminent domain awards contain.

What is a pre-judgment interest?

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Can a property owner sue for inverse condemnation when the government refuses to permit development?

Published on: May 27, 2022 | By Underwood Law Firm, P.C.

In certain situations, it is possible for a property owner to sue the government for inverse condemnation when the government refuses to permit development and that refusal results in a “taking” under the United States constitution.

If the city, state, or federal government refuses to permit development, it must take away all or substantially all the reasonable use of the property in order to form the legal basis for an inverse condemnation lawsuit. Then, the basis for inverse condemnation is formed on the basis of the government’s refusal to permit development, and this can be a powerful legal remedy for property owners.

The lack of reasonable use of the property is viewed with consideration of all of the impact on the personal landowner’s land in order to substantiate an inverse condemnation claim against the government.

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What types of uses are favored for Surplus Land? (Gov. Code § 54220)

Published on: November 22, 2021 | By Underwood Law Firm, P.C.

A big house facade with a garden on its lawn
Everyone agrees that there is a shortage of affordable housing in California. There are many possible solutions to this problem, one of the solutions was the Legislature’s passage of AB 1486.

What is the purpose of the Surplus Land Act?

Government Code section 54220 sets the stage for the other provisions of the Surplus Land Act.

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Can You Recover from Pre-Condemnation Activity? (First English Evangelical Lutheran Church of Glendale v. Los Angeles County (1987) 482 U.S. 304, 316-322)

Published on: November 22, 2021 | By Underwood Law Firm, P.C.

A lawyer's desk with scales in front and a lawyer's signing a paperwork behind it.
The acquisition of private property for eminent domain usually proceeds on a long timeline. Before the government actually uses eminent domain to acquire private property, there is a substantial amount of planning. During the pre-condemnation period, which can stretch for years, a governmental entity often has the opportunity to make land use decisions about the property that it intends to acquire.

While there is nothing out of the ordinary with making land use decisions pending condemnation, per se, it can become problematic when those decisions lower the value of the land that will eventually be taken. In those situations, there is a question about whether the property owner in that situation can recover from the diminution in value.

Unreasonable Delay is Compensable

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What are the Benefits of Buying Surplus Land? (Gov. Code § 54225)

Published on: November 13, 2021 | By Underwood Law Firm, P.C.

A lawn or vacant lot fronting a big house across.
When there is so much real estate to buy in California, it may not be clear why anyone would benefit from purchasing surplus land in the first instance. After all, it requires going through a negotiation process with a public entity and may take longer than other land purchases. There are some drawbacks to buying “surplus land” from a public entity. The question, then, is whether there are any benefits to buying surplus land.

Are there any ways that buying Surplus Land is beneficial?

Government Code section 54225 provides that any public agency disposing of surplus for “low- and moderate-income housing purposes may provide for a payment period of up to 20 years in any contract of sale or sale by trust deed for the land. The payment period for surplus land disposed of for housing and low- and moderate-income families may exceed 20 years. Still, the payment period shall not exceed the term that the land is required to be used for low- or moderate-income housing.”

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