Real Property Law Section

The Real Property Law Section (RPLS) offers attorneys a diverse array of volunteer opportunities across our nine Real Estate Practice Area Committees (PACs). Read more

The Real Property Law Journal (“Journal”) of the Real Property Law Section of the California Lawyers Association is California’s preeminent statewide publication for real estate attorneys. Read more

Partition is the legal procedure used to divide property among co-owners, often used when co-owners disagree about the property’s sale or division. In California, partition can be achieved through multiple methods: (1) Partition In Kind; (2) Partition by Sale; and (3) Partition by Appraisal. Read more

Baca v. Kuang (2025) _ Cal.App.5th _, 2025 WL 84296: The Court of Appeal reversed the trial court’s judgment, following a bench trial, awarding plaintiff landlord possession of the leased premises in her unlawful detainer action. Read more

Trusts are an important way to set out one’s wishes for how and when you want to transfer assets like property. While trusts usually are set up as written contracts, other trusts can be enforced by the court, like resulting trusts and constructive trusts. These types of trusts are involuntary, meaning a court imposes them as a remedy to prevent an inequitable result, when property is wrongfully taken or transferred. (Kenneally v. Bank of Nova Scotia (2010) 711 F.Supp.2d 1174, 1190.) A resulting trust may arise where the transferor did not want the transferee to have a beneficial interest in the property. A constructive trust is used by the court to prevent unjust enrichment. Read more

Penal Code Section 396 discusses overpricing of goods and services following state of emergency or major disaster. Fire is included as an emergency under the Code section.  The Code explains: Read more

Kaur v. Dual Arch International (2024) _ Cal.App.5th _, 2024 WL 5082546: The Court of Appeal reversed the trial court’s order granting defendant Dual Arch International, Read more

What’s Up With Us! is a monthly webinar hosted by attorney members of the Real Property Law Section of the California Lawyers Association. Each session features the summary and analysis of three to four recent California or Federal appellate cases that could potentially impact real estate law practice statewide. The hosts also discuss relevant legislation and provide practical tips as needed. Read more

By Underwood Law Firm Yes. Child support liens attach to real estate in California both voluntarily and involuntarily. Liens are effectively a public notice of outstanding claims against your property. In the case of child support, a custodial parent can place a lien against the non-custodial parent’s property when they fail to make court ordered payments. Child support liens last until the non-custodial parent resolves their debt by payment in full.  What is a Lien? Non-custodial parents in California pay… Read more

By:   J.J. Sherman, Law Offices of J.J. Sherman, P.C.            Jessie Staley, St. John’s University School of Law Effective January 1, 2025, California Senate Bill 1103 sets new rules for commercial leases with “qualified commercial tenants.”  While the new law affects only a fraction of California commercial leases, it imposes significant obligations on landlords who have commercial leases with “qualified commercial tenants.”1 1. Who's a “qualified commercial tenant”? Under CA SB 1103, a “Qualified commercial tenant” means a tenant of commercial… Read more