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.

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 defendant to a partition action has a legitimate defense to the partition action. That is because in California any owner of property has an absolute right to sell their interest in that property. Consequently, there is typically very little in dispute in a partition action.

With that being the case, in most partition actions, the only participants in the partition action that truly benefit from the partition action are the attorneys. What I mean by this is that because there is typically no valid defense to the partition action, the partition action was unnecessary, and its end result could have been avoided by both owners of the property by agreeing to a sale of the property or the plaintiff’s interest in the property, the same or similar results the parties would have achieved through a partition action.

Lawsuits are expensive and if it is possible to avoid a partition action and resolve the dispute before it escalates to a lawsuit, it is in everybody’s interest to do so because of the costs associated with a partition action. Therefore, prior to filing a partition action, in most instances all possible efforts to try to resolve the dispute without the necessity of filing the partition action should be pursued.

Although it does not always resolve the dispute, it has been my experience that an attorney letter to the uncooperative co-owner, which sets out the law relating to partition, prior to the filing of the partition action, can be an effective method at times to resolve the dispute without the necessity of having to file a partition lawsuit.

Another effective tool is to utilize the mediation process prior to filing the partition action. See my article ADR (ALTERNATIVE DISPUTE RESOLUTION) AND MEDIATION, regarding the mediation process.

As discussed above, there are alternatives to a partition action available to a co-owner in real property who wants to sell their interest in the property and has an unwilling co-owner in that same property. I regularly represent clients in partition actions and in negotiating with co-owners of real property to avoid partition actions in Walnut Creek, Oakland, the East Bay, and throughout the Bay Area, California. If you believe that you would benefit from a consultation regarding a partition action or resolving a dispute with a co-owner of real property, please feel free to contact me to discuss your case or to arrange for a consultation at (510) 465-0025.

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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WHAT CAN I DO IN CALIFORNIA IF A PLAINTIFF HAS TAKEN MY DEFAULT IN A CIVIL LAWSUIT?

February 28, 2014

In California, as a general rule, defendants who have been served with a lawsuit, have 30 days to respond. If the defendant, after being properly served with the summons and complaint, fails to respond within that 30-day period, the plaintiff has a right to obtain a default in the lawsuit against that defendant. If a [...]

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WHAT CAN I DO IF I HAVE BEEN SUED IN A MERITLESS OR BASELESS LAWSUIT?

February 4, 2014

A question I hear often enough is “What can I do if I get sued in a lawsuit where the claims against me are meritless or baseless?” This happens because either the facts alleged in the lawsuit against you are untrue or the claims themselves are legally invalid. Unfortunately, as a general rule, even if [...]

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