Real Property Law Section

1031 exchanges are a real estate tax break that allows commercial property sellers to exchange a business, trade, or investment property for another, like kind, property while deferring capital gains tax on the sale. Without this tax break, sellers must pay capital gains tax at the time of sale. California law does not require the 1031 exchange be in the same state, however, California does have a “claw back” provision that could ultimately lead to owing the deferred taxes. Understanding what 1031 exchanges are, how they work, and how California law differs from other states is crucial to ensuring you access every benefit of the tax break without incurring avoidable costs.  Read more

A co-tenancy provision is a tenant-friendly clause found in commercial real estate leases for multi-tenant centers. It may allow a tenant to delay its initial opening, to terminate its lease or to pay reduced rent if either specific named tenants or a minimum percentage of tenants are not open and operating in the center. Here, we explore the rationales for including co-tenancy provisions in leases and discuss recent caselaw addressing co-tenancy provisions.[1] Read more

1215 Fell SF Owner LLC v. Fell Street Automotive Clinic (2025) __ Cal.App.5th __, 2025 WL 1099171: The Court of Appeal reversed the trial court’s orders denying defendants’ motions to vacate eviction judgments and enforcement orders in two related unlawful detainer actions. Read more

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