Real Property Law

Cal. Real. Prop. Journal 2014, Vol. 32, No. 4

Table of Contents

Message from the Chair……………………………………3

California Mandates Groundwater Regulation Through Local "Sustainability Plans" Starting in 2020…………………………………….5
By Eric Robinson
The States new Sustainable Groundwater Management Act takes effect on January 1, 2015 and requires the State to designate, by January 31, 2015, the groundwater basins where pumping must be regulated. Based on a preliminary State list of high- and medium-priority groundwater basins, new groundwater regulations are anticipated in more than 120 basins throughout California. This article discusses the manner in which California landowners will be affected by new groundwater pumping regulations mandated by the Act and suggests strategies for protecting their rights to use groundwater.

Title Quandaries Created by Foreclosures During the Great Recession……12
By Heather C. Johnston
Following an unprecedented number of foreclosures during the Great Recession, title issues caused by the failure to adequately address existing deeds of trust or to consider their effect on easements and other subordinate rights when foreclosing on real property are becoming increasingly prevalent in real estate transactions. Easements and other rights that adjacent property owners thought were well-established may have been terminated by a foreclosure, resulting in the loss of valuable property rights and uncertainty in title.

MCLE Self-Study Article: Which Remedy: Partition by Division or Partition by Sale?……………………………………….16
By Michael Pecherer
Partition litigation typically results in either a sale or a physical division of real property. The traditional preference for division is largely a misnomer, for land use legislation compels the court to order a sale in virtually all instances.

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