Real Property Law

Cal. Real. Prop. Journal 2016, VOL. 34, NO. 2

Table of Contents

Change in the Aftermath of Disaster: Deck Failure Liability, Local Inspection Regimes, and Lapsed Claims 3
By Dylan Grimes and Gary Sloboda
This article discusses how owners, property managers, developers, and contractors are affected by the legal issues associated with deck construction following the Berkeley deck collapse in 2015. The article focuses on local inspection requirements, liability, and the timing requirements related to claims for defective work.

MCLE Self Study Article: Property Rights to the Periphery of the Universe or Only to the Rooftop?: The Effects of Drones on Airspace Rights in California and Where to Go From Here 15
By Scott C. Hall and David B. Anderson
This article discusses the origin and development of property rights in airspace above private property, as well as how those rights may be, or are already being, further modified in response to the increasing use of drones for recreational and commercial purposes. The article also discusses proposals for striking a balance between the need for clear private property rights and the continuing development of beneficial drone technology.

An Economic Interpretation of the Yvanova v. New Century Mortgage Corporation Decision…..26
By Harold Justman, Victoria Wong, Henry Chuang, Julia Wei, and Peter Isola
There has been a discernible economic logic in the creation of California real property rights that is explicable under the economic conditions prevailing at the time. This article attempts to discern a reasonable economic interpretation of the legal principle of standing that emerged from the California Supreme Court’s decision in Yvanova v. New Century Mortgage.

Defending Buyer Nondisclosure and Misrepresentation Claims in Real Property Transactions . . . . 41
By Paul P. DeAngelis
This article discusses defending buyer claims of nondisclosure and misrepresentation arising from the purchase and sale of residential real property with a focused analysis on the element of buyer’s reliance.

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