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Misconceptions About Prescriptive Easements

April 20, 2022

Even Los Angeles Real Estate Lawyers Are Often Confused About What Constitutes A Prescriptive Easement California law is well-settled that prescriptive easements are not appropriate in garden-variety residential boundary disputes.  Case after case has affirmed the general rule:  the law accords determinative effect to the …

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Recent Blog Posts

Is Your Holdover Rent Legal?

February 2020

California Court of Appeal upholds holdover rent in AIR Lease form In Los Angeles commercial and industrial real estate, owners, tenants and attorneys often use the AIR Commercial Real Estate Association pre-printed form leases.  These form leases are thorough, fairly written and easy to use. …

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Cancellation of Instrument in California

January 2020

How do you get rid of a fraudulent deed of trust or other recorded document that clouds your title in California? As a real estate litigation attorney in Los Angeles, I come across situations where properties have a bogus or fraudulent deed of trust or …

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Forum Selection Clauses and Waiver of Jury Trial

January 2020

Los Angeles Real Estate Litigation Update:  California Court of Appeal Strikes Down a Lease Forum Selection Clause Which Includes a Waiver of Jury Trial Clause California leases often include a clause which states that, insofar as permitted by law, the parties waive a trial by …

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Is a Partition Lawsuit Right for My Dispute?

November 2019

Many times, a piece of property is owned by more than one person, and as co-owners all members must agree on how to use the property. What happens when co-owners of land disagree on what to do with the real estate? In these situations, it …

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Resulting Trusts: Explained

October 2019

When a trust is created, a settlor places property in a trust with the management of a trustee in order to benefit a beneficiary. But what happens when the trust fails, the entirety of the trust’s property is not distributed, or another situation arises in …

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Good Fences, Bad Neighbors?

September 2019

Real Estate Lawsuits Between Neighbors Over Fences and Walls Los Angeles real estate lawyers know that on January 1, 2014, California’s Civil Code section 841 went into effect.  The dry name of the Code section is called “Maintenance of boundaries, monuments, and fences; responsibilities of …

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