Real Property Law Section

Owning property can come in different forms of ownership which grants you different rights. If you acquire an interest in property by sale or inheritance you may end up holding a percentage property interest while another person holds the other part of that interest. When co-owning property with someone, both of your names are on the deed which gives you certain abilities and rights. Read more

Following the devastating wildfires across Southern California in January 2025, it is a good time to revisit standard terms found in commercial leases and consider what upgrades, if any, can be made to protect Tenants in fire-prone areas.   Here are several important considerations for Tenants with existing commercial leases or who may be signing leases in fire-prone areas. Read more

Amundson et al. v. Catello (2025) _ Cal.App.5th _, 2025 WL 868169: The Court of Appeal reversed the trial court’s interlocutory order identifying the owners of real property as cross-defendant Ruth Catello (Catello) and the estate of decedent Leslie J. Knoles (decedent) and ordering a partition by sale. Decedent had four surviving siblings. Catello and decedent originally acquired title to the real property as joint tenants. About one month before her death, decedent recorded a quitclaim deed that, if valid, severed the joint tenancy and created a tenancy in common Read more

What’s Up With Us! is a monthly instruction and discussion led by attorney members of the Real Property Law Section of the California Lawyers Association via webinar format. Three or four recent California or Federal appellate cases potentially impacting statewide Read more

The purpose of the webinar is to provide an overview of the Italian real estate market and the legal principles governing the property acquisition process. Read more

What’s Up With Us! is a monthly instruction and discussion led by attorney members of the Real Property Law Section of the California Lawyers Association via webinar format. Three or four recent California or Federal appellate cases potentially impacting statewide real estate law practice are summarized and analyzed by the hosts. Applicable legislation and practice tips are brought up as appropriate. Audience members have an opportunity to ask clarifying questions and provide insight to supplement the descriptions Read more

Joint ownership of property carries a significant number of rights with it. However, a joint owner cannot sell the property without permission from other co-owners. If one co-owner wants to sell or encumber the entire property and the other co-owner disagrees this can cause conflict. Outside of marriage, property is usually owned as a tenancy in common, a joint tenancy, or as a partnership. (Civ. Code § 686.) This type of ownership status usually stays the same over the course of one’s ownership. Read more

Batta v. Hunt: Both an unremarkable case about easements and inconsistent rulings as well as a new precedent about the statutory real estate transfer disclosure statement.  Read more

March 2025 By: Monty A. McIntyre, Esq. Monty A. McIntyre, Esq.Helping Attorneys Get Excellent Results Publisher: California Case Summaries™: Know More. Win More.Mediator at ADR Services, Inc.: Business, employment, insurance, probate, real property and torts cases.To schedule, contact one of Monty’s case managers Haward Cho, haward@adrservices.com, (213) 683-1600, or Rachael Boughan, rboughan@adrservices.com, (619) 233-1323. Trial training and preparation. Trial Alchemy™: Learn from Civil Jury Trial Experts. Available on Spotify, Apple Podcasts and YouTube. California Case Summaries™: California Case Summaries™: California attorneys can win more cases by… Read more

What’s Up With Us! is a monthly instruction and discussion led by attorney members of the Real Property Law Section of the California Lawyers Association via webinar format. Three or four recent California or Federal appellate cases potentially impacting statewide real estate law practice are summarized and analyzed by the hosts. Applicable legislation and practice Read more