Real Estate Law FAQ

real estate FAQ
Real estate is an often lucrative investment, and there is always a lot at stake when it comes to real estate transactions or projects. To protect your assets and your best interests, you should always seek the guidance of an experienced real estate lawyer in Los Gatos. Below are a few of the question we
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Resolving an Easement Dispute with Your Neighbor

easement dispute
Many easements exist out of convenience or even necessity for neighboring property owners. Many easements run with the property, meaning they persist after a property is sold to a new owner. Often, this is when an easement dispute arises. Imagine you have a shared driveway with your neighbor that splits off and leads to each
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Drafting Your Commercial Lease

commercial lease
Investing in commercial property can be a lucrative venture. However, you want to make sure that you find the right tenants who will pay rent on time, take care of the space, and more. In order to protect your rights as a commercial landlord, you want to have a commercial lease that addresses all necessary
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Recreational Use Immunity for Common Interest Developments

Do you worry about liability when you see people, who are neither owners nor residents, using your property for recreation? Are they using the common area walking or hiking paths? Playing on your lawns and playground? Skateboarding on your streets? Taking a short-cut to the beach? Here’s some good news from attorneys, for a change,
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My neighbor has been using part of my property as their own for a few years, what are my rights?

First, you should review your deed to see if your neighbor’s property has an easement, or a legally recorded right to use your property for some reason. Many times, an easement might be recorded and included in your deed to allow neighbors to use part of your driveway to access their property, allow the public
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A Mechanics Lien is Clouding my Title. What can I do?

mechanics lien
If you owe a contractor money, and a lien has been recorded on your property, you can remove the lien by settling with the contractor. However, make sure that you receive a lien release in exchange for your payment. The mechanics lien release must actually be recorded on your property to nullify the lien. What
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ELECTION BY ACCLAMATION: IS IT PERMITTED?

Election Acclamation
By: Rosalia Burgueño Tapia Occasionally, a homeowner association (HOA) is faced with the situation of having an uncontested election.  In such a case, must the HOA still go through the formalities of an election?  Some say yes, and some say no.  Current law seems to require a vote, even if uncontested.  SB 1128 would have
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The Business Judgment Rule Requires Informed, Reasoned and Good Faith Decision-Making

Business Owner
By Grant Turner, Esq. To paraphrase the famous quip, “good judgment comes from experience, and experience comes from poor judgment.” Such witticism is embodied in the legal doctrine known as the Business Judgment Rule. Since Lamden v. La Jolla Shores Clubdominium Homeowners Assn. (1999) 21 Cal.4th 249, the Business Judgment Rule has been used to
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Avoiding Illegal Board Activity and Lawsuits

Business Law
By: Sharon Glenn Pratt No CID wants to be sued, and in the event that a board is faced with defending a lawsuit, it of course wants to be found not liable for whatever is being alleged. One of the best ways to avoid litigation is for the board to encourage transparency and to steer
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Is Your Homeowners Association Unknowingly Engaging in Prohibited Discrimination?

Real Estate
By: Patricia Wendleton Do any of these situations sound familiar?  A resident of the association is so obsessed with association rules that he or she engages in unauthorized policing of the association property.   A resident is hypersensitive to noise, such as children at play in the common area, and constantly complains.  One of the residents
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