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Neighbors And Easements In Boundary Disputes

August 17, 2022

The Court of Appeals:  No to an Exclusive Implied Easement But Yes to an Exclusive Equitable Easement The California Court of Appeals has, it seems to me, muddled the law of boundaries and easements in their latest decision.  In Romero v. Shih (2022) 78 Cal.App.5th …

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Recent Blog Posts

Prescriptive Easement and the Period of Permissive Use

March 2021

California Court of Appeal notes that the prescriptive easement period does not run while there is common ownership of the parcels at issue.

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What is a “Secondary Easement”

February 2021

Real estate attorneys in California may be familiar with the concept of easements.  But what is a “secondary easement”? We all understand that a grant of easement gives the holder of that easement the interests expressed in the grant.  But it also includes those interests …

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The Preliminary Injunction In Los Angeles, California: What Is It And How Does It Work?

July 2020

In commercial real estate, Los Angeles litigation lawyers must often deal with emergencies. And emergencies often involve temporary restraining orders and preliminary injunctions. These legal tools are especially important in real estate matters where a building can be torn down (or built) before a lawsuit has a …

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Mediation and Partnership Disputes: How to Prepare

May 2020

Mediation is a form of alternative dispute resolution (ADR) that emphasizes cooperative problem solving. It can be especially useful in resolving partnership disputes and shareholder disputes, in which the parties often have mutual interests. Mediation can be faster, less expensive, and less damaging than litigation. …

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Commercial Property: What Must be Shown to Sue for Real Estate Failure to Disclose?

March 2020

Property sellers have a duty to disclose certain information to their buyers. As explained by the California Department of Real Estate, there is a state statute in place that requires residential property sellers to include a Real Estate Transfer Disclosure Statement (TDS) as part of …

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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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