property ownership Archives

What are the historical origins of partition actions? (Blackstone, Commentaries on the Laws of England)

Published on: October 14, 2022 | By Underwood Law Firm, P.C.

Underwood-Blog-Images-1-1-300x300 Sir William Blackstone is a titan in the field of legal jurisprudence. His 1765 work, Commentaries on the Laws of England, is his most famous legal treatise, forming the backbone of common law analysis as modern lawyers understand it today. Without his efforts centuries ago, our conceptions of property, individual rights, and governmental authority would not be the same. His works remain cited even now in judicial decisions at all levels, including the Supreme Court of the United States.

Blackstone’s comments on property law are particularly striking, for they bear the foundational ideas now found in our statutes governing real estate transactions, estate types, property rights, and ownership disputes. And while his analyses on tenancies in common and joint tenancy still bear striking resemblances to our own California statutes, his discussions of partitions show their age.

What is the common law, and why is it important today?

Continue reading →

Can you partition a life estate? (CCP § 872.710)

Published on: September 14, 2022 | By Underwood Law Firm, P.C.

Underwood-Blog-Images-1-1-300x300 Yes. When co-owners of property decide they want to go their separate ways but cannot come to an agreement on a buyout or reimbursements, they can institute a partition action and have the court system solve the problem for them.

The presence of a life estate, however, substantially complicates this process. Additional evidentiary showings are required, and a partition might not even be available if the life estate owner fights the lawsuit. Thankfully, the Underwood Law Firm is more than familiar with partitions of all types and is here to assist property owners throughout the process.

What is a life estate?

Continue reading →

Can a third party be joined in a family law proceeding to sell a property?

Published on: May 30, 2022 | By Underwood Law Firm, P.C.

Yes, a third party who has an interest in the property in question may “join” in a family law proceeding. In some specific cases, a third party must “join” the family law proceeding.

California codified a third party’s ability to participate in a family law proceeding to assert their interest in real estate by creating the joinder rules. These rules authorize who is allowed to join a family law proceeding other than the two spouses.

Who can join a family law proceeding?

Continue reading →

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.

Continue reading →

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.”

Continue reading →

Can You Contest The Title in a Partition Action? (CCP § 872.210)

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

A chess board where the king fell down
In many ways, partition actions are relatively straightforward. Generally, in a partition action, the two property owners cannot agree on its use, and one of the owners asks the court to sell the property so each can go their separate ways.

The question arises of whether one of the two persons actually owns the property in the first instance. When there is a question of whether one of the parties is an owner, can you contest the title in a partition action? The answer is “yes,” as one of the primary purposes of a partition action is a determination of title.

Generally, at trial, the court must determine whether the plaintiff has the right to partition. (CCP § 872.210(a).) A question of ownership of property, as presented in a partition action, may be one of fact or law, depending on whether the determination of the issue involves a decision on conflicting facts or the application of the law to a stated set of facts. (Lieb v. Superior Court (1962) 199 Cal.App.2d 364.)

Continue reading →

The Surplus Land Act’s Pre-Negotiation Notice Requirement (Gov. Code § 65088.4)

Published on: November 8, 2021 | By Underwood Law Firm, P.C.

Aerial image of a wide portion land in a city
The revised Surplus Land Act contains negotiation requirements to encourage the sale of surplus public land. Also, the law makes it more likely that the land will ultimately be developed for as much housing as possible. Prior to entering negotiations, however, AB 1486 requires that the agency selling the surplus land must first give notice.

Government Code section 54222 states that “Any local agency disposing of surplus land shall send, prior to disposing of that property or participating in negotiations to dispose of that property with a prospective transferee, a written notice of availability to all of the following [list of persons]. (emphasis added.)”

By the use of the mandatory term shall, this section mandates notification and therefore ensures that the widest possible array of interested persons will be able to compete to develop the surplus land.

Continue reading →

How Does Eminent Domain Work?

Published on: October 14, 2021 | By Underwood Law Firm, P.C.

A person writing on an office desk holding a key beside a model miniature house.
For many of us, real estate is our most valuable asset and the thing that we rely on to provide security for retirement. It is also our passion where we can use our creativity to make our mark on the world. When we receive notice that it may be the subject of an eminent domain action, however, the unknown elements of the process can be a source of great anxiety.

This article provides insight into how the eminent domain process works so that you can know what to expect and hopefully navigate the process more smoothly. The typical steps for the eminent domain process are laid out below.

The Eminent Domain Steps

Continue reading →

Is a Partition Always 50/50? (CCP § 874.040)

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

50/50 illustration of a wall partition
The purpose of this post is to discuss how the proceeds of a partition action are divided between the owners of the property. This post will address the general rule for partition actions, address common instances, and provide some insight for anyone going through the process.

The first thing to know about partition actions is that they are governed by “fairness,” or what is commonly referred to in the law as “equity.” Although the California Code of Civil Procedure contains statutes that govern partition actions, all of a judge’s decisions in the action are supposed to be determined by what is fair. (CCP § 874.040.)

But what is fair? Generally, if a property is jointly owned by two parties and each of them has evenly split all of the costs, then naturally, fairness would dictate that they evenly split the proceeds from the sale. As many of us know, however, life is rarely so neat and clean.

Continue reading →

The Problem with Partnerships

Published on: October 8, 2021 | By Underwood Law Firm, P.C.

A handshake with a building image overlay
At some point or another, it becomes necessary to have “the talk” and “define the relationship” within a business. While the thought of defining business roles may make some people nervous, not having a conversation is a source of even greater anxiety when the relationship involves an investment, business venture, or development project.

The problem, for many people, is that they don’t know what terms to use to define a business relationship or how to structure it other than as a “50/50 partnership.” Many people are reluctant to structure it in any other way because of a concern of looking “greedy” or because another structure could cause the other party to back out of the deal, thereby removing the capital necessary to make the project happen.

If you find yourself in these situations, however, you should know that there are many alternatives to a “true partnership” that may work better for all of the parties involved.

Continue reading →