In California, title to property owned by a public entity cannot be acquired through adverse possession. The same is not true, however, of land owned by a public benefit corporation according to the court in Hagman v. Meher Mount. Corp, No.B239014 (2nd Dist., April 3, 2013). Larry Hagman (J.R. in Dallas and Major Nelson in… Continue Reading
Category Archives: Real Estate
Subscribe to Real Estate RSS FeedUse it or Lose it? Not in the Case of an Easement Acquired by Deed.
Posted in Real EstateA trial court did not have authority to extinguish portions of a road and utility easement notwithstanding its determination that the easement holder did not need the entire easement and that a smaller easement would constitute the least burden on the property subject to the easement. Cottonwood Duplexes, LLC v. Barlow, 210 Cal. App. 4th… Continue Reading
Can a Developer Unilaterally Impose an Arbitration Clause on a Condo Homeowners Association?
Posted in Real EstateThe answer is yes, as long as the arbitration clause is not unreasonable, according to the California Supreme Court in Pinnacle Museum Tower Association v. Pinnacle Market Development (July 16, 2012). In Pinnacle, the developer recorded CC&Rs before the condo project homeowners association was formed. The CC&Rs contained a mandatory procedure for resolution of construction… Continue Reading