Differing assumptions about the exact location of property boundaries can lead to legal disputes between neighbors, particularly in more populated suburban and urban communities. For example, a property owner might place a garden or fence on what their neighbor believes is their property. Here’s what you need to know about these disputes:...
What Happens If You Don’t Have a Durable Power of Attorney?
A power of attorney (POA) is a legal document that gives someone the authority to act on another person’s behalf. The person granting authority is called the principal, and the person receiving it is the agent. A POA can cover financial matters, healthcare decisions, or both. The principal decides what powers to...
How to Avoid Abuse of Durable Power of Attorney: Legal Safeguards
Choosing someone to make decisions for you under a durable power of attorney (POA) is a big step. This legal document allows a trusted person, called your agent, to handle your finances, property, or medical choices if you lose the ability to do so yourself. A power of attorney can be useful,...
Quiet Title vs. Title Insurance: What’s the Difference?
Quiet title actions and title insurance are two ways to address the title issues that may arise when you purchase real estate. Title insurance offers certain proactive protections in the event of a title dispute, whereas quiet title actions may be taken in response when a title issue arises.
Quiet Title Actions: When and Why You Might Need One
A quiet title action is a lawsuit that settles ownership disputes over real estate. Property owners file this type of case to establish clear and marketable title, which exists when no one else has a valid claim to a property. Courts review these claims and issue decisions confirming ownership.
Easements and Public Access: What Are Your Rights as a Property Owner?
An easement is a legal right that grants someone the ability to use another person’s property for a specific purpose. se. While the property owner still owns the land, they must allow the easement holder to use it as permitted by law or agreement. Easements can be temporary or permanent and may...
How to Terminate or Modify an Easement: Legal Strategies
Do you own a property that’s subject to an easement, such as an access easement that allows an adjoining property owner to traverse your property to access a public road or common resources like a waterfront? If so, you may eventually seek to limit or end the use of the easement to...
Understanding Your Rights When a Real Estate Contract is Breached
Buying or selling real estate can be one of the most significant financial transactions you'll ever make. With high stakes involved, it's important to understand your rights should your contract be breached. In California, specific laws protect both buyers and sellers when things go wrong in a real estate deal. Knowing what...
Mediation and Arbitration in Real Estate Contract Disputes
Real estate transactions involve significant financial stakes, and when disputes arise, it’s extremely important to resolve them as quickly as possible. While litigation is an option, it's often costly and time-consuming. In California, many real estate disputes are resolved through mediation or arbitration—two forms of alternative dispute resolution...
Essential Estate Planning Documents in California
Estate planning is a critical step to take in the path to securing your legacy and ensuring the well-being of your loved ones. This is true in any state, California included.
To help ensure that you are maximizing the benefits of estate planning, we are going to...