Resources
Real Estate Issues
Contract Issues:
- Purchase and Sales Agreements -
- Preparation or modification of Purchase Contracts.
- Contract Issues -
- Those which arise during negotiation.
- Option Agreements -
- Acquiring a right to purchase in the future.
- First Right of Refusal -
- The right to match another’s offer to purchase.
- Contract Disputes -
- Solving real estate problems which are based on contract issues.
Property Ownership Issues:
- Boundary Disputes -
- Survey or lot line issues.
- Adverse Possession -
- Acquiring title by five years of adverse use.
- Holding Title -
- Joint tenants, community property, trusts or other methods.
- Title Transfer -
- By Grant Deed, Quit Claim Deed or other methods.
- Title Insurance Coverage -
- Missed title encumbrances.
- Escrow Problems -
- Issues arise when transferring property.
- Water Rights -
- Riparian or subsurface water issues.
- Mining Claims -
- Issues regarding governments award of mining claims.
- Private Water Systems -
- Creation and enforcement.
- Slander of Title -
- Wrongfully recording documents to affect title.
- Condominiums -
- Ownership of inside of a building with common area rights.
- Fractional Ownership -
- Owning a property with other people.
- Property Tax Assessment -
- Your rights with regard to property taxation.
- Life Estate -
- Creation of ownership for period of a lifetime.
- Homestead
- Protecting ones assets.
- Mineral Rights -
- The right to own and transfer subsurface rights.
- Fixtures -
- Who owns them.
- Pest Control Issues -
- When termites, dry rot or other infestations are missed.
Construction Issues:
- Construction Contracts -
- Preparation and enforcement.
- Construction Defects -
- When construction projects go bad.
- Mechanics Liens -
- Contractors right to encumber property.
Landlord and Tenant Issues:
- Lease and Rental Agreements -
- Creation and enforcement.
- Eviction -
- When a Tenant over stays their welcome.
- Construction Eviction -
- When a Landlord forces out a Tenant.
Neighbors and Subdivision Issues:
- Covenants, Conditions and Restrictions -
- Subdivision limitations.
- Nuisance -
- Neighbors creating problems.
- Easements -
- Creation and use of rights to Cross land of another for access.
- Prescriptive Easement -
- Acquired through five years of adverse use.
- Homeowner’s Associations -
- Rules for ownership of common areas.
- Shared Fences -
- Erection and maintenance of common fences.
- Encroachments -
- When neighbors step over the line.
- Subdivision -
- Dividing property into five or more parcels.
- Parcel Maps -
- Dividing property into four or less parcels.
Loan Issues:
- Installment Sale Contracts -
- Property acquired over time with monthly payments.
- Short Sale -
- Willingness of Lenders to discount loans to facilitate a sale.
- Deed in Lieu -
- A way to avoid foreclosure.
- Subordination -
- When a lien holder takes a junior position.
- Judicial Foreclosure -
- Preserving ones right to a deficiency judgment.
- Non-judicial Foreclosure -
- Normally a four month procedure.
- Anti-deficiency Laws -
- Prevents Lenders from getting a judgment against property owners.
- Balloon Payments -
- Enforcing Civil Code 2966.
- Pre-foreclosure -
- Enforcing Civil Code 1695.
- Appraisal Issues -
- When appraisers negligence causes damages.
- Lender Liability -
- Not honoring a loan commitment or other issues.
- Usury -
- Overcharging for interest on loans.
- Loan Modification -
- Avoiding foreclosure through restructuring.
Governmental Issues:
- Forest Service Agreements -
- All land is not owned in fee.
- Zoning Laws -
- Use of property limitations.
- Eminent Domain -
- Governments right to take property.
- Condemnation -
- Governments right to force repair or demolition.
- Environmental Impact Reports -
- Development effecting the environment.
- Second Units -
- Allowed through Government Code 65852.2.