Real Property Law

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


Written by Star Lightner*

Each year, it is a real challenge to select the top 10 real estate cases for our annual overview. As was seen last year, however, the impact of COVID-19 on courts again resulted in fewer real estate cases overall than in past years, resulting in a smaller number that might be deemed truly significant. Thus, while narrowing the list down to 10 cases was still difficult, we have fewer "related cases" and "honorable mentions" this year.

With a couple of exceptions, the cases this year continued to 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 this year, this article includes 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. The state courts of appeal also provided many important decisions, including:

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