California Lawyers Association

Real Property eNews

Articles from the monthly enews of the Real Property Law Section

Before the owners receive the proceeds from a partition sale, costs and expenses related to the partition action must be paid. Code of Civil Procedure section 873.820 sets forth the order that these expenses and costs must paid before the owners receive their proportional interest in the remaining proceeds. Specifically, it states that the proceeds must be distributed in this order: Read more
Colyear v. Rolling Hills Community Assn. of Rancho Palos Verdes (2024) _ Cal.App.5th _ , 2024 WL 884814: The Court of Appeal affirmed in part, and reversed in part, the trial court’s judgment following a bench trial regarding plaintiff’s action to enjoin defendants (the homeowners association Read more
Beyond content, effective writing has a physical aspect: proper paragraphing. Paragraphing, which includes spacing and length, is a visual tool to understand your written argument. Similar to how intonation and volume emphasize points in verbal speech, breaks and lengths in paragraphs emphasize the pacing and flow of written words. Read more
By: J.J. Sherman, Law Offices of J.J. Sherman, P.C. and Myaysa Evans, St. John’s University School of Law Many property owners choose to forego traditional leases for short-term rentals, opting instead for license agreements. But what exactly is the difference, and how does it impact legal rights? A recent California Court of Appeal case, Castaic Studios LLC v. Wonderland Studios (2023)[1], sheds light on this issue. Leases vs. Licenses: Understanding the Distinction Leases and licenses are both legal agreements that… Read more
Commercial lease negotiations require a keen understanding of the local real estate market, legal implications, and the specific needs of clients. This article provides guidance on preliminary issues tenant-counsel should consider before commencing the markup of a commercial lease. By understanding the key players involved, conducting thorough due diligence, and aligning with the client's business objectives, counsel can achieve a more favorable outcome for their clients. Read more
The 2024 Real Property Retreat and 9th Annual Women In Commercial Leasing Law Symposium is one of the best events I’ve attended since deciding to go to law school. As a recent graduate, trying to find my bearings has been challenging at times. But the retreat was so inspiring and the people who attended were incredibly kind and willing to help. It felt like every person wanted to guide and mentor me. Everyone greeted me with such warmness and a smile. Read more
Real estate law has many nuances and subtleties. One of the lesser known aspects to real estate law is something known as a “restraint on alienation.” At its most basic, a restraint on alienation limits the sale or transfer of interests in real property. Read more
Monty publishes California Case Summaries™, with one-paragraph summaries, organized by legal topic, of every new civil case published each month, quarter and year in California, giving subscribers a competitive advantage and excellent results. Read more
With the quick pace of legal writing, it’s easy for you to use the wrong word in place of another. Some words seem to be the same, but are not, they just sound the same when spoken. Writers often use words that sound or seem correct but have completely different meanings. Read more
A right of first refusal – sometimes called a “preemptive right” – is a right provided by contract that gives a party priority to purchase a property if the owner decides to sell. Read more

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