Posted on April 29, 2015 by Julie Brook, Esq.
The family of a 9-year-old California boy who survived a fall through a school’s skylight reportedly claims the school district should be held liable for his injuries because it was too easy to get on the school’s roof and district leaders knew children climbed up there but didn’t do enough to stop it. Property owners beware: A foreseeable risk can turn a trespassing child into a plaintiff. Continue reading
Filed under: Personal Injury, Real Property Law, Tort Law | Tagged: attrative nuisance, children trespassing, forseeability, landowner liability, premises liability, school district, tort liability | Leave a comment »
Posted on December 17, 2014 by Karen Turk, Esq.
Estate planning attorneys regularly advise their clients about the tax and other advantages of transferring real property to revocable trusts or similar estate planning vehicles. But they may not consider the potentially disastrous title insurance implications of such transfers. The original property owners may have had coverage under their policy, but—depending on the type of policy—once the property is transferred to the estate planning entity, the entity (i.e. trustee of the trust) isn’t the “insured” anymore and coverage could be lost. Continue reading
Filed under: Estate Planning, Legal Topics, Real Property Law | Tagged: estate planning entity, estate plans, named insured, property transfer, title insurance, title insurance coverage | 2 Comments »
Posted on October 27, 2014 by Julie Brook, Esq.
When a conflict arises between neighbors, attorneys often recommend that their clients keep a record of events. A written log of dates and times is one thing, but a video or audio recording can easily step over the line from keeping tabs to violating privacy rights. Continue reading
Filed under: Civil Litigation, Criminal Law, Legal Topics, Real Property Law | Tagged: eavesdropping, invasion of privacy, neighbor disputes, photographing, secret recording, video recording | 2 Comments »
Posted on May 2, 2014 by Julie Brook, Esq.
As public concern about the effects of human activity on the environment has grown, so too has the interest in green building. And that interest is well-directed, because a Climate Action Team report (.pdf) has identified buildings as the second largest end-user contributor to greenhouse gas emissions in California.
Filed under: Legal Topics, Real Property Law | Tagged: climate change, commercial construction, construction, energy-efficient buildings, environmental sustainability, green building, green construction, LEED certification, real estate | Leave a comment »
Posted on April 4, 2014 by Julie Brook, Esq.
Thinking of practicing landlord-tenant law in California? Knowing the federal, state, and local fair housing laws will be critical to your success. Continue reading
Filed under: Landlord/Tenant Law, Legal Topics, Real Property Law | Tagged: Fair Housing and Employment Act, fair housing laws, housing discrimination, landlord, tenant | 3 Comments »
Posted on March 12, 2014 by Julie Brook, Esq.
There’s a new breed of squatter—White Hat Squatters, if you will—who are saving depressed neighborhoods from the blight of abandoned properties and gaining ownership though adverse possession. Continue reading
Filed under: Legal Topics, New Legal Developments, Real Property Law | Tagged: adverse possession, Detroit, encroachment, foreclosures, gentrification, housing, Oakland, property ownership, property takeover, squatter rights, squatters | Leave a comment »
Posted on February 24, 2014 by Bonnie Maly, Esq.
Foreclosures are declining in number, but they’re still occurring at above-normal rates. Whether you’re new to foreclosure practice or have been in it for years, these tips will help you meet the challenges of newly adopted and heavily revised statutes and regulations governing mortgage foreclosure in California. Continue reading
Filed under: Legal Topics, New Legal Developments, Real Property Law | Tagged: borrower default, deed of trust, foreclosure, foreclosure litigation, Homeowner Bill of Rights, mortgages, trustee sale | 2 Comments »