How To Use This Section Of Our Website

by Robert Levy on January 23, 2013

If you have a question about Business Law or Real Estate, I just might have the answer right here on this site.

There are three ways to find the answer you’re looking for.

One, type your question in the search box located down and to the right.  Type your question and then click search.  Every question & answer I have on this site related to your question will then be shown for your review.

Two, review the categories shown down and to the right.

And three, if you have a legal issue related to Business Law or Real Estate Law, and wish to discuss in greater detail, call me at (510) 465-0025.

QUIET TITLE ACTIONS IN CALIFORNIA

by Robert Levy on August 15, 2014

In California, a Quiet Title Action is typically used as an action by an owner of real property to confirm their title to the property, and at times, to refute another person’s claims to title to or liens against the property.

Typically you see quiet title actions when one party wants to confirm their title to the property over title that may be asserted by another person. But those title disputes are not the only instances where quiet title actions can be useful. In addition to confirming your title to the property, a quiet title action can also be used to confirm liens against the property, to confirm the priority of liens against the property, or to eliminate clouds on title.

Clouds on title can include liens that do not belong there, liens for loans that have been paid off but the lien remains, easements that have been terminated, just to name a few.

Ultimately a plaintiff’s objective in a quiet title action is to make his or her title to the property marketable, so there will be no claims or liens on or against the title that will interfere with their ability to sell the property or to borrow against the property.

I regularly represent clients in Oakland, California, Walnut Creek California, and the East Bay in quiet title actions. If you have questions, or need representation by a California real estate attorney involving quiet title claims, title disputes, clouds on title, or establishing marketable title to property, please feel free to contact me to discuss your case or to arrange for a consultation at (510) 465-0025 or (925) 708-3306.

HOW DO I EXPUNGE A LIS PENDENS- GET A LIS PENDENS REMOVED FROM TITLE ON MY PROPERTY?

July 28, 2014

In California a lis pendens is created when a Plaintiff in a lawsuit records a Notice of Pendency of Action against a Defendant’s real property. The recording of the lis pendens causes a lien to be placed against the property and generally prevents the owner of the property from selling or encumbering (borrowing against) the [...]

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RESOLVING PARTITION ACTIONS AND AVOIDING PARTITION ACTIONS

July 18, 2014

As I have discussed in the prior article Partition Actions, a partition action is a lawsuit filed by one owner of real estate against a co-owner in the same piece of real estate to force the sale of the property or a potion of the property. In California it is a rare instance when a [...]

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ADR (ALTERNATIVE DISPUTE RESOLUTION) AND MEDIATION

June 11, 2014

Back in the day when my father practiced law, which was quite some time ago, if a dispute between parties escalated to the point of a lawsuit, most cases proceeded to trial (a lot quicker than they do now), and the case was resolved by the court after making a decision at the conclusion of [...]

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MEDIATING REAL ESTATE CONTRACT DISPUTES

May 30, 2014

Disputes come up involving real estate contracts all the time. Some examples would include a seller’s refusal to sell the property; a seller’s failure to disclose defects regarding the property; claims for damages, to name a few. In California real estate sales contracts, there is typically a duty to first try to resolve the dispute [...]

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AGREEMENTS BETWEEN ADJOINING PROPERTY OWNERS

May 22, 2014

It is not uncommon for two neighbors with adjoining properties to enter an informal or formal agreement regarding the right of one of the neighbors to use the other’s property, and in some instances the rights are mutual or reciprocal. Some examples include when a property owner lets their neighbor extend their garden or landscaping [...]

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ENCROACHMENTS IN CALIFORNIA

May 19, 2014

In California, an encroachment is typically considered to be a building or other structure beyond the boundaries of land on which it was rightfully constructed, onto adjoining land, without the permission or consent of the adjoining landowner. Simply stated a typical encroachment exists when your neighbor builds an improvement on their property which goes over [...]

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WHAT IS THE LEGAL EFFECT IN CALIFORNIA WHEN A PORTION OF MY PROPERTY IS FENCED IN BY MY NEIGHBOR?

May 10, 2014

An issue that comes up often is the situation where there is a fence that was believed to be on the property line between two properties (property A and B) which is discovered to actually be on just one of the properties (A) and has the effect of fencing in a portion of one of [...]

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BOUNDARY DISPUTES, EASEMENTS, AND NEIGHBORING PROPERTY ISSUES

May 8, 2014

It is very common for neighboring or adjoining properties to develop issues between the owners regarding a variety of topics or issues. Some of the types of issues that can develop include: What are the owner’s responsibilities regarding division fences or property line fences What is the legal effect when one property has a portion [...]

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HOW DO I BEST PROTECT MY PERSONAL ASSETS FROM POTENTIAL LIABILITY ARISING FROM INVESTMENT REAL ESTAE IN CALIFORNIA?

March 5, 2014

Before investing in investment real property, it is very important that you develop an asset protection strategy which accomplishes a number of goals, including, among other things, protecting your personal assets from any liability arising from the property (i.e., if someone gets injured at the property), and protecting the property from your personal creditors. In [...]

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