Articles Posted in property owner

Eminent Domain proceedings will almost always end with the government taking title to private property after it pays out “just compensation” to a homeowner. But sometimes, the government begins condemnation proceedings against the backdrop of a large project with encroaching deadlines. In these instances, California law allows the entity to obtain possession of the property…

A lis pendens – also called a notice of pendency of action – is a special type of legal document filed with a county recorder. Though its use is limited to lawsuits involving real property claims, its effect is powerful. Once recorded, it acts as “constructive notice” to all persons who would subsequently acquire an…

Partitions by appraisal are a unique way to resolve a partition dispute. In essence, they are buyouts that the parties contractually agree to, allowing one party to remain on the jointly-owned property in exchange for purchasing the other co-owner’s interest at an appraised value. This seemingly middle-of-the-road option, however, is one of the options available…

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…

A “quiet title” action is a lawsuit where a property owner seeks to eliminate, establish, resolve, and “quiet” any other claims on the same property by anyone else. Once complete, the lawsuit will result in a perfect title enforceable in the courts. A quiet title action is thus an effective tool to establish and settle…

A lis pendens – also called a notice of pendency of action – is a special type of legal document filed with a county recorder. Though its use is limited to lawsuits involving real property claims, its effect is powerful. Once recorded, it acts as “constructive notice” to all persons who would subsequently acquire an…

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 registered process server or Sheriff,…

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 those actions taken by the…

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, free or forgery, or other…

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 States was a country, we…