Real Estate Law

---

Probably one of the most common issues arising between property owners is a dispute concerning the location of the property lines between their respective properties as well as the location of improvements such as fences, swimming pools, patios, and sometimes even houses themselves in relation to the property line. Our firm works closely with surveyor’s throughout San Diego County and Los Angeles County in dealing with issues of boundary and encroachment disputes. Even if you have, by accident, located a fence or patio partially on your neighbor’s property, you may still have legal rights to maintain those improvements where they exist.

In a typical transaction the buyer of real property will purchase title insurance to cover any possible defects in the title of their property, such as prior real estate loans that had not been paid off, easements which do not show up on County records, tax liens from the municipal government, state or federal government, and other issues which affect the value and marketability of the buyers new property. In some cases title companies are forthcoming with coverage to solve these issues; in other cases the opposite is true. This is when you need a qualified attorney to handle your title insurance claim.

Issues often arise in real estate when a property owner dies without leaving appropriate estate planning documentation. In that case often a probate case must be opened and prosecuted to clear title to the property, whether the deceased party has a will or no estate planning documents at all.

Following close behind boundary encroachments disputes as one of the most common real estate claims are nondisclosure claims. Typically these involve claims by a buyer of residential property against a seller for failing to disclose material defects and problems in the property that the seller knew about prior to the close of the sale. Most all of these disputes must be mediated prior to litigation or arbitration being attempted by the buyer. My firm is well acquainted with the mediation process as well as the subsequent litigation process, having handled literally hundreds of claims of this kind over the years.

In many instances neighboring property owners share easements across each other’s property. These could be for vehicle access, pedestrian access, sewer and water lines, and electrical and gas lines. Often in new developments these easements must be established in relation to the existing surrounding neighborhood which requires specialized documentation. Furthermore, some types of easements can be created over time by the use of one person’s property by another.

In a typical transaction, the real estate agent or broker for the buyer will create the proposed draft purchase and sale contract for the parties and then negotiate with the seller’s agent or broker to finalize the contract. In some larger real estate transactions, including commercial transactions, real estate attorneys are often involved due to the complexity of the transaction and its financing. In those cases my firm is well-equipped to facilitate the creation of fair and binding purchase contracts.

In cases where parties are not represented by real estate agents and brokers and a lease is contemplated, our firm can take care of all aspects of creation and negotiation of the lease agreement. In commercial transactions in particular, the lease agreements can be quite complicated and voluminous. Our firm often facilitates and advises real estate agents, brokers, tenants and landlords as to the application of the law and appropriate wording for such lease agreements.

When you make a claim on your homeowners insurance or, if you own a commercial property, your commercial general liability insurance, you expect that your insurance company will treat you fairly. Unfortunately, this is often not case, where valid claims are turned down and insured parties must take legal action against their carriers to gain the coverage for which they have been paying premiums. Our firm is well acquainted and experienced in handling such cases against insurance companies.

Probably the third most common area of real estate related legal claims involves disputes between property owners and their building contractors. The key to a successful relationship with the contractor is a solid, binding and understandable construction contract. Even then, disputes can still rise due to shoddy workmanship, disputes with subcontractors or failure of the contractor to obtain signed change orders. It is highly advisable for property owners to check with their attorney prior to signing a construction contract for any significant work.

If you are an owner of a restaurant, store, or other business open to the public you may have experienced claims and/or a lawsuit under the Americans with Disabilities Act. Our firm has handled the defense of many such cases over the years and believe that most ADA claims can be settled early on without the time and expense of court action, if the claim is valid under the law.

Many times situations arise where our clients’ real estate brokers and/or agents have violated State law and/or local Realty Board rules in their dealings with the public as well as other real estate professionals. We represent both property owners and brokers and agents in many such claims.