Real Property Law

Cal. Real. Prop. Journal VOLUME 41, ISSUE 1, 2023

INSIDE THIS ISSUE

MESSAGE FROM THE EDITOR-IN-CHIEF
By Bryan Payne
[PAGE 3]

TOP TEN REAL PROPERTY CASES OF 2022
By Star Lightner
The cases of 2022 represent a broad offering of real estate issues, as opposed to highlighting a concentration in any given area. Although housing, liquidated damages, and unenforceable penalties were big topics, the courts also addressed cases involving easements, deeds of trust, inverse condemnation, tort liability of a lender, and the recreational immunity exemption from landowner’s liability. Two California Supreme Court cases addressed the tort liability of a lender in the context of a loan modification, and the recreational immunity exemption from landowner’s liability.
[PAGE 4]

THE BASICS OF COMMUNITY ASSOCIATION REPAIR OBLIGATIONS
By Mary M. Howell
This article discusses relevant statutes and common concerns regarding the obligations of Community Associations to repair, including routine maintenance and repairs to common areas and exclusive use areas. Relevant case law is also discussed, focusing on exculpatory clauses and the doctrine of judicial deference.
[PAGE 24]

MCLE SELF-STUDY ARTICLE: PUBLIC POLICIES AND LEGISLATION FOSTERING HOUSING IN CALIFORNIA
By John Hanna and David Van Atta
The housing shortage in the State of California has received a great deal of attention by the State legislature in the last few years. This article focuses on the several statutory attempts to resolve what has been characterized as a housing crisis in the state.
[PAGE 32]

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