By: Julia M. Wei, Esq. Home prices being what they are here in the Palo Alto area, many first time homebuyers opt to purchase a townhouse or condominium. When they do so, they receive a thick stack of documents, including the disclosures and the HOA docs. Reviewing the HOA packet can be intimidating, and I have advised many purchasers who are too time-crunched to review the CC&Rs and offer some of the most frequent issues to watch for … [Read more...]
Easements: What are they and how are they created?
A little primer on easement law in California, brought to you by Simon O. Offord and I. Definition: an easement is a non-possessory interest for the use of real property belonging to another for some specific stated purpose. Law students are all taught that real estate is essentially a “bundle” of rights. If you imagine that outright ownership is … [Read more...]
The Partial Reconveyance
Often in a construction context, the Deed of Partial Reconveyance is required. The most common scenario is when an owner wants to subdivide their parcel and the parcel is encumbered by a Deed of Trust. The second most common scenario is when a neighbor wants to buy some additional portion of the adjacent property, usually to comply with setback requirements of their remodel or to preserve their view. In both circumstances, the Lender made … [Read more...]
Landlord Not Liable for Tenant's Dangerous Dog
There are a surprising number of cases involving dogs, though most cases are not as famous as the vicious attack that killed Diane Whipple in 2001. Ms. Whipple's neighbors housed Canary Island mastiffs. Both criminal and civil cases were highly televised. In Alameda county, in the case of Chee v. Amanda Goldt Property Management, a Jack Russel Terrier attacked a 71 year old woman and only the legal journals picked it up. In … [Read more...]
Good Fences Make Good Neighbors
Who has to pay? Most of us share at least one fence with a neighbor. In my case, I have a fence shared with 3 different neighbors. Over time, the fences had weathered El Nino, and La Nina and pretty much gave way. We shared the replacement cost with each neighbor equally. Sounds like common sense, right? Well actually, it's required by statute. California Civil Code Section 841 states, "Coterminous owners are … [Read more...]