An easements grants a person or entity the right to use a part of real estate they don't own for a specific purpose.
There are four types of easements that can be applicable to your property, including:
Express easement is created either through a reservation or a grant. In case of a granted easement, the landowner provides a person or the entity with the ability to use the land for right of way purposes. In the case of a reserved easement, one person sells the land to another but reserves an easement for their own benefit.
Implied easements arise when land divides into two parts, and the owner used one part for the benefit of the other before the division. An implied easement doesn’t need to be in writing, unlike express easements.
An easement by necessity occurs when use of the land is unconditionally necessary. Easement by necessity doesn’t require preexisting use of the land. If someone’s property blocks them in, they may need to use a portion of another person’s property to reach the street.
A prescriptive easement can be granted when one person continued to use a portion of another person’s land for a specific period of time. A court can grant a prescriptive easement even if the owner never allowed others to use their land.
Scope of the easement refers to how the easement can be used which is determined by the type of easement.
For more information regarding easements, land use, property rights, and or development laws, we invite you to contact KAASS LAW today at (310) 943-1171.
In California, various circumstances can lead to the termination of an easement, depending on its type and how the parties have used or managed it over time. Factors such as expiration of a set term, abandonment, misuse, or a written release from the easement holder can all bring an easement to an end. 1. Expiration of term or accomplishment of purpose. An easement terminates when the parties establish it for a specific term and that term expires. Once the agreed-upon time period ends, the easement holder no longer has any legal right to use the property under the original agreement. 2. Merger. If the dominant and burdened parcels become the property of the same person, the easement generally terminates. 3. Written abandonment. The holder of an easement may waive his or her right by signing a written waiver. To ensure enforceability, the property owner must usually record the waiver in the official land records maintained by the county recorder’s office. This step creates a public record of the waiver and provides notice to any future buyers, lenders, or interested parties. 4. Termination. An easement terminates when the owner takes clear actions that demonstrate an intent to abandon its use. Mere non-use does not qualify; the owner must engage in conduct that shows a decisive and purposeful relinquishment of the easement rights. 5. Abuse or Excess of Rights. If one party abuses the easement, the court can step in to either modify its terms or terminate it entirely. The court takes such action when the easement holder exceeds the scope of their legal rights or uses the easement in a way that unfairly burdens the property owner.
If a dispute arises over the existence or scope of an easement, the parties may file a quiet title action. This action allows the court to formally determine the parties' rights to the property. This includes the existence, absence, or termination of an easement.
The proper creation, protection, and termination of easements requires knowledge of California real estate law. Mistakes in these matters can result in loss of property and costly litigation. If you have questions regarding easements, contact KAASS LAW. Call us at 844-522-7752 for a free consultation.
Creditor creates a judgment liens on real property by registering an abstract of a money judgment with the county registrar. It can apply to real or personal property, including jewels, art, antiques, and other valuables.
California law regulates the lien judgment. A title search revealing a judgment lien means the judgment creditor has registered a Judgment Abstract in the debtor's district.
To get the debtor's judgment on California property, a creditor must mail or take the Abstract of Judgment to the county registrar's office in any California county where the debtor currently owns property or plans to own property in the future. An abstract of judgment is a written summary of a judgment, showing the amount the losing party pays to the winner, the interest rate, court costs, and any special orders to follow. If the lien will attach to personal property, the creditor must file the Abstract of Judgment notice with the California Secretary of State. The lender may also notify the debtor of an examination.
The manufactured home once known as a mobile home is a popular dwelling place for many. Builders construct modern manufactured homes according to strict building standards that have evolved nationally since 1976. Unlike conventional "site-built" houses, fabricated models often come with their own warranty forms. Furthermore, 38 states, including California, have rules and regulations regulating manufactured home-building and guarantee systems. In 1958, California itself led the way in the oversight of manufactured home construction.
California does a remarkable job of ensuring the protection by multiple laws and codes of manufactured homeowners. The existence of the Senate Select Committee on Manufactured Home Communities is one unusual feature of manufactured home ownership in California. This is a standing committee which studies the need for legislation and makes recommendations to the Legislature as necessary. The Department of Housing and Community Development is in charge of the California Manufactured Housing Protection and Assistance Program. Which is in charge of enforcing rules and regulations in order to put California's manufactured housing laws and codes into effect. The Department, in particular, had also adopt building standards that are compatible with known and approved standards. As published in the most recent editions of industry codes that are uniform or international.
Joint and several liabilities are a legal principle which applies in some states. Under California the definition of joint and several liability is clear. Law suits arising from mishaps on a building site may be extremely difficult cases. This is because the responsibility for the incident can be divided between several parties. For instance, if a wall fails, the general contractor may have provided incorrect instructions; the engineers may have used a flawed design; the concrete subcontractor may have used the wrong type of cement; or a coworker may have made a mistake. The list could actually grow to include lots of parties. How does the law sort out liability in a complex dispute if there is more than one party to blame? One or more parties may be held liable individually for the entire amount of damages suffered by a claimant for personal injury. In the event this responsibility is regardless of their own degree of blame. It means that a defendant can be held liable for 100% percent of your negligence even though they were responsible for your injury for only 15% percent. In the event that you receive only from one jointly and severally liable party, then the defendant will compel any other responsible party to request donation.
There has been a lot of discussion about the privacy protections provided by the 2018 California Consumer Privacy Act (CCPA). Nevertheless, perhaps one of the CCPA's most relevant provisions will be one that has been somewhat overlooked: Section 1798.150, which allows for statutory damages of between $100 (US dollars) and $750 (US dollars) per user for certain data breaches per event. Indeed, if California had adopted Section 1798.150 alone, it would have gained dozens of studies on how its statutory remedy for damages would possibly lead to an increase in private class action "bet-the-company" lawsuits over data breaches. It has resulted in commentators spending less time analyzing its impact on businesses because it was enacted as just one provision in a first in the nation privacy law.
No matter where you live, you must understand what constitutes a valid real estate contract if you ever purchase or sell property again. A real estate contract may be implicit, written, or verbal. However, practically all real estate transactions must be in writing under real estate law. The only exceptions are commission sharing agreements, which may be oral. There are numerous circumstances that emerge in real estate law that don't occur as frequently in other circumstances.
Real estate contract litigation not only includes general contract law, but also specific rules of law and common law. The contract is subject to the same principles of law that govern contracts generally, irrespective of whether the contract is a purchase and sale deal, a land purchase contract, an option to buy, a lease or any other form of arrangement. Therefore, in any conflict surrounding a real estate transaction, the general law of contracts should be considered, and could have a definitive effect on the parties’ rights and obligations. For instance, contract structure and enforceability requirements, contract enforcement rules, and other general issues are relevant in real estate litigation .
Residential property sellers in California must give disclosures under Section 1102 of the California Civil Code. In writing, they describe the property they've listed for sale. Nearly every residential property in California is subject to these mandatory disclosures. Included are standalone residences, high-rise apartment units, and manufactured or mobile homes, among others.
The reason why these disclosures are so important is because potential buyers need to know as much as possible about the property in order to evaluate whether they really want to buy it and if so. This involves determining what a reasonable purchasing price is and whether or not the house need any repairs or upgrades. The disclosure obligations also remind California home sellers that they have a legal responsibility to be open about a property’s condition and can be sued for hiding problems or defects.
In California, a seller needs to provide these disclosures to a prospective buyer as soon as possible before transfer of title. Although this language is a bit vague, the intent is to get the disclosure to the buyer in a timely fashion. Thus, as a practical matter, this usually happens early in the purchase process. Some sellers, for example, will prepare all disclosures, inspections, and other paperwork before marketing their home. So that serious proposals can be received, everything is in place. A copy of the disclosures may be made by other sellers. If the disclosures reveal any unexpected information regarding the property, the buyer has the opportunity to back out or renegotiate. If a seller fails to make required disclosures to prospective purchasers before the two of them sign the purchase agreement. The buyer can then choose to end the contract. As a result, it's critical for a seller to give these disclosures as quickly as possible to serious potential buyers. So that the chances of a buyer canceling an offer later owing to information in the disclosure are reduced.
In California, tenants have the right to live in a habitable environment. This requires the landlord to make any repairs to the property that make it uninhabitable. Landlords who rent uninhabitable and dilapidated properties to tenants are commonly called “slumlords.”
If the landlord refuses to correct the violations, the tenant has several legal options. However, before taking action, it is important to notify the landlord in writing of the problem. The notice should describe the problem and demand that it be corrected within a reasonable time. This is usually 30 days, but the time period is shortened if there is a health or safety hazard.
It is common practice for a landlord to charge a “security deposit” before renting out a property to a tenant. A tenant pays this before moving in, and the landlord may use it for repairs or unpaid rent. The property owner must return the remaining balance to the tenant once the tenant stops living at the property. Terms like “cleaning fee,” “animal deposit,” and “key deposit” all qualify as types of security deposits.
California limits security deposits based on whether the property is furnished or not. Landlords can charge up to 2 months rent for an unfurnished property, and for 3 months rent for furnished ones.
First, it is required that all California security deposits be refundable. Under no circumstance can a landlord require you to pay a nonrefundable security deposit upfront in addition to rent. Next, once it is time to refund the security deposit, the landlord must do so within 21 days of the tenant moving out. When the remaining amount is returned, the landlord must include an itemized list that describes all of the deductions to the security deposit.
A property lien in California can remain in the possession of property or personal property for up to 10 years, even when the property is not the property of the debtor. In addition, before it expires, a creditor should renew the lien. When the lien expires, it is no longer compulsory and the lender can not get the cash. You cannot renew the lien for 5 years after renewing it. Make sure to renew the lien in California every 10 years before the estate decision ends. A creditor must remember that several variables affect the ability to collect under a judgment lien. This involves a fixed amount that the creditor can not touch if the attached property is the debtor's primary residence, other replaceable liabilities, and bankruptcy or foreclosure proceedings.
If the Judgment is still in effect, there is usually only one way to release the lien of decision, and that is through Judgment Satisfaction. The lender of the judgment must record a Judgment Satisfaction or alternative type of lien discharge. In California, there is no statutory right to introduce a motion to terminate the Judgment Abstract. KAASS LAW helps you create, renew, and satisfy judgment liens in California.
Judgment liens in California place restrictions on foreclosures. However, they do not always guarantee collection of the debt. For example, if a mortgage already encumbers the property, a judgment lien holds lower priority. It cannot be discharged until senior creditors are satisfied. In addition, if the debtor files for bankruptcy, the court may stay the lien. Or cancel it as part of a debt relief proceeding. If the property is owned by more than one person, the judgment lien may only attach to the debtor's interest. This limits your ability to collect. Especially if the other owners oppose a foreclosure sale.
The presence of a judgment lien significantly reduces the likelihood of a successful sale of a property. Buyers typically avoid purchasing a foreclosed property because of the legal risks involved. When a sale is completed, the lien must:
If the debtor decides to sell the property, the proceeds of the sale must be used to pay off the judgment lien. The provisions of the California Code of Civil Procedure govern this.
The debtor can remove a judgment lien only after fully paying the amount specified in the writ of execution or obtaining a court order. After receiving the full amount owed, the creditor must file an acknowledgment of satisfaction of the judgment. Without this record, even if the debt is actually paid, the lien will remain in the system. And while it is in the system, it will restrict the disposition of the property. If the creditor fails to file a notice of discharge, the debtor has the right to go to court. With a motion to compulsorily remove the lien.
If you are a creditor seeking to:
Or a debtor who wants to get rid of a wrongful or overdue encumbrance, the specialists at KAASS LAW are ready to help. We provide qualified legal assistance at every stage of the process. Call us at (310) 943-1171 or visit our Glendale office for a free consultation and evaluation of your situation.
The saying "as is the case with California, so is the nation" applies to manufactured homes and to their warranties. Early September 1, 1958, no manufactured home could be marketed or built in California unless it met with state building regulations. In 1976, United States Department of Housing and Urban Development adopted federal regulations for manufactured homes, partly based on the standards of California.
The Golden State has always been regarded as customer friendly and for manufactured home guarantees this is no different. The California Civil Code's Sections 1797 through 1797.7 regulate manufactured home builders and the warranty coverage they must provide. For one, homebuilders, contractors and dealers imported by California have to respect warranties they offer on such homes. At a minimum, home warranties made in California cover "substantial material and workmanship defects" in a variety of home systems.
The home warranties provided by Golden State include plumbing, electrical, fire safety, ventilation, heating and structural systems. In addition, all appliances built in or produced by a manufactured home builder, or their contractors or suppliers have protection by the California guarantee rules. Manufactured home warranties in California extend to their customer for one year from the day a home is shipped. You have one year and 10 days from the date of delivery of your manufactured home to inform your manufacturer, in writing, of any defects.
If your home made in California has a flaw protected by the State's warranty provisions, report to your dealer or supplier first. The Golden State needs manufactured home builders and their dealers to take appropriate action to fix any defects associated with the warranties. The Mobile home Ombudsman's office in California also helps manufactured homeowners cope with warranty and other issues.
In addition to the mandatory one-year warranty, some manufacturers offer voluntary or extended warranties on modular homes. These warranties may cover individual components, including:
Terms range from two to ten years. However, the terms of such warranties usually depend on the specific manufacturer. Buyers should study them carefully before signing a contract. For example, failure to comply with the maintenance requirements specified in the manufacturer's instructions may void the warranty. It is important to note that extended warranties are often arranged through third-party insurance companies rather than directly with the builder.
Once the modular home has been delivered to the site, a technical inspection is recommended. Although not required by law, such a measure allows for the timely identification of hidden defects. This information can be critical when seeking warranty repairs. More information about inspections can be found on the U.S. Department of Housing and Urban Development (HUD) The buyer must also keep all documents related to the purchase and installation, such as:
This will facilitate the claims process. Our attorneys are available to advise you at any stage. In addition, we recommend that you read the Federal Trade Commission's recommendations for understanding warranty rights.
If you or a loved one has been harmed as the result of another's negligence, then you may be entitled to compensation. If that is the case, contact our Glendale personal injury lawyer today for a consultation and case review. A warranty lawsuit is an extremely complex legal process. Please feel free to give our office a call at 310.943.1171. KAASS LAW helps homeowners address warranty issues, fix defective manufactured homes, and navigate California's complex building regulations.
Many states in USA have a simple law of several liability in which each party pays only damages up to the degree of their relative accident fault. You have laws in other states like a tortfeasor that settles with a plaintiff giving up his or her right to appeal from any other tortfeasors. Joint and several liability in California is an adapted version of the old version of common law. This says more than one party can be collectively liable for the full amount of your economic damage but only individually (severally) liable for your non-economic damage in proportion to your percentage of blame. The remainder of the tortfeasors are, however, then entitled to a setoff for whatever the settlement amount is. In other words, the expense of the verdict is subtracted from any jury award.
Parties found liable for the accident are considered as tortfeasors. Basically a tortfeasor is someone who does a type of torture. If the tortfeasor is found liable, the plaintiff must be compensated for his negligence and physical harm. In a civil case, terror perpetrators are named defendants. If there are many tortfeasors in a case, the car-accident counsel in California will be the one who guarantees that they are all identified in the complaint.
There are definitely several joint and several liability opponents there. One reason for these is the risk of serious inequality arising from it. A good example is a defendant who is at fault of only 10 percent, but who is jointly and severally liable with another defendant who is at fault of 90 percent, yet may end up with full financial responsibility if the 90 percent defendant is judgment-proof.
California Civil Code §1798.82 allows individuals or businesses in California to notify citizens if a person experiences a security breach. Interestingly, section 1798.82(h) describes “personal information” as much narrower than that of the CCPA, to be either of:
The legislation mandates that notification be given to the affected individuals within the most expedient time possible and without delay. Or any appropriate action to assess the extent of the violation and restore the data system's fair integrity.
Section 1798.81.5 of the California Civil Code specifies that "a company that owns, licenses or preserves personal information about a citizen of California shall adopt and retain reasonable security procedures and practices relevant to the nature of the information to protect personal information from unauthorized access, destruction, usage, alteration or release". The law also requires that any business that discloses personal information under a non-affiliated third party contract requires that non-affiliated third party implement and maintain reasonable security procedures and practices.
Before the California Consumer Privacy Act, there was a private right of action for data breach disclosure breaches and information. California Civil Code Articles 1798.84(b). Nevertheless, this private right of action does not provide for statutory damages.
Crucial for the creation of a contract which, if not present, would affect its enforceability:
In every real estate sale contract there is an implicit promise that the seller is marketable or merchandising. Where the term "grant" is used to convey a fee-simple property and no contradictory terms appear in the instrument, the seller of real property implies that:
A warranty in a real estate purchase and contract is a seller’s express on some intangible element of the land. A warranty helps to force the seller to reveal material facts about the property and to give the buyer clear guarantees about the property’s condition. Warranties can consist of affirmative representations not otherwise needed of a seller. The duty of a seller to obtain a warranty is absolute. Responsibility is placed on violation irrespective of whether the seller knew or ought to know that the claim was false.
Residential real estate sellers have a duty to disclose any information that adversely affect the value or desirability of the property that are known or accessible only to the seller and that are not recognized or within reach of the buyer's careful attention and observation. However, the seller is not responsible for latent property defects that he or she did not know about, and had no reason to believe that they existed.
Where a violation is only partial, it relieves the other party of the duty to act only if also material. Among the factors to be considered when assessing the materiality of an infringement are the following:
In California, seller disclosure requirements are strict and thorough. California provides a standard format, as referred to in Civil Code Section 1102, which sellers must use when making these disclosures. The resulting form, called the “Transfer Disclosure Statement,” can be obtained from your California real estate agent. The Transfer Disclosure Statement form covers a broad range of topics, from structural information about the home, such as a leaky roof to whether any deaths occurred on the property in the last three (3) years. In addition, the seller must provide details on all of the home's appliances. Included are those that are for sale, as well as whether or not they are functional. The seller will also need to disclose any room additions, damage, or neighborhood noise problems. Finally, the vendor must attest that they have followed all applicable California laws. For example, smoke detectors are mandatory, and the water heater must drop or slide horizontally in the event of an earthquake.
As a general rule, the more the seller discloses, the better it is for both the seller and buyer. Remember, just because the seller discloses an issue does not mean they must repair or correct it. The buyer also has the option to correct a problem or to overlook it, if the issue is a minor one. In fact, revealing more information than the seller must to can aid the transaction. The buyer's real estate agent will be happy to find that the seller has submitted a fully completed Transfer Disclose Statement form, as will the buyer. It shows that the seller is thorough and are taking the home sale seriously.
Glendale personal injury lawyer today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.
It's important to remember. Consult an attorney before making any decision. Infringements may seem obvious, but only an expert can assess the chances of success. KAASS LAW will help you understand your rights and develop a competent defense strategy.
The law requires an owner of a rental property to make any repairs that would cause the property to be uninhabitable for any reason. California Civil Code section 1941.1 and section 1941.3 describes several requirements needed for a home to be habitable. They include:
A "nuisance" is something reasonably dangerous or obnoxious that the landlord allows on the premises. These nuisances do not necessarily have to be in a tenant’s living area; instead, they could be anywhere on the landlord’s property. For instance, some examples of this include:
A property owner does not have to repair damages that are too minor to affect the habitability of the home. For example, a leaky faucet may annoy a property owner, but it does not qualify as a characteristic of an uninhabitable home. Every rental contract is different, and it is common for an agreement to state that landlords must pay for minor repairs even if they do not legally interfere with a property’s habitability. Check your rental contract for special clauses that make the property owner cover repairs that are solely aesthetic.
This happens when the property’s habitability drops so low that the tenant has no choice but to move out. Some examples include:
If your landlord has constructively evicted you, you can recover damages for yourself and your belongings. Additionally, you may receive a refund for the rent you paid during the months you dealt with the issue. If your living conditions were so bad that you had to move out, it’s important to seek legal help to pursue financial compensation. KAASS LAW can provide expert legal assistance if you face uninhabitable living conditions.
It's important to note that any attempt to circumvent the deposit refund policy is a violation of California law. For example, if a landlord refuses to return a deposit without providing a list of withholdings, this is already grounds for a complaint. California law gives tenants the ability to seek a refund of amounts wrongfully withheld. Also, compensation for additional damages. In addition, if a landlord withholds from a deposit for normal wear and tear such as: 1. scuffs on carpets 2. discolored walls 3. slightly scratched floor Which is considered "natural", this would be considered a violation. Normal wear and tear, should not be compensated from the deposit. Only negligent and willful damage caused by the tenant can be grounds for a hold.
It is worth remembering that the landlord is required to provide the former tenant with a list of withholdings with receipts. Which confirms the value of each of them, if the amount of the withholding exceeds $125. Otherwise, the landlord risks being held liable for up to double the amount of the wrongfully withheld deposit. If you believe your landlord has violated your rights in withholding your deposit, KAASS LAW is here to help. We can analyze your lease, correspondence with your landlord, and other documents. And then build a competent defense and recover the funds owed to you. Don't delay, the sooner you seek legal advice, the better your chances of a successful resolution.
Civil Code section 1950.5 (b) covers the 4 reasons that California landlords may deduct money from a security deposit. They include:
As mentioned earlier, there are many different terms that refer to fees that are classified as security deposits in California (cleaning fee, animal deposit). No matter what the landlord calls the upfront payment, it is subject to the same regulations and limits as security deposits. This means that if a landlord already collected a security deposit in the amount equal to 2 months of rent for an unfurnished dwelling, he could not charge any more in different types of fees because it would put him over the limit. The point is that upfront fees cannot combine to exceed the California limit even if they are seemingly not a part of the security deposit. Many disputes arise from tenants claiming that their landlord is making illegal deductions to their security deposit. Some examples of this could include:
KAASS LAW can help protect your rights regarding security deposits.