As a real property owner, you need to actively protect your real property and ensure that no one infringes on the rights established by your real property ownership. Two of the most common issues that property owners face is Encroachment and Nuisance. The term encroachment refers to a situation in real estate where a property owner violates the property rights of his neighbor by building on or extending a structure to the neighbor's land or property intentionally or otherwise. This can quite often happen mistakenly because of unclear property boundaries, but it is important to address because it could significantly affect the value of your property. A private nuisance occurs when the plaintiff’s use and enjoyment of his or her
Transactional lawyers counsel individuals and businesses on the legal issues generated by their business dealings or personal activities (i.e. contract drafting and review). Civil litigation attorneys, also known as litigators or trial lawyers, represent plaintiffs and defendants in civil lawsuits. Trial lawyers manage all phases of litigation from the initial investigation, court filings, and discovery through the pre-trial, trial, settlement, and appeal processes. Most law firms only handle one or the other. We are a law firm that handles both. Our firm has significant transactional and trial experience. For that reason, clients seek our advice on a wide range of transaction and civil litigation issues, without having to deal with multiple attorneys. Contact Thaler Law Contact us by phone at
If your Neighbor or Homeowners’ Association has overstepped, infringed on your property rights, or is treating you unfairly, you have the right to fight back! A private nuisance occurs when the plaintiff’s use and enjoyment of his or her property are obstructed or interfered with because of the actions of another. These cases generally involve a neighbor or nearby occupant doing something that interferes with the plaintiff’s use of their own property, but an HOA can also be liable for nuisance.Examples of a public nuisance may involve: a neighbor polluting the soil; selling drugs next door; or hoarding animals causing foul odors and health hazards. In California, a private nuisance provides for a cause of action for the injured party.
When real estate property is left to multiple beneficiaries in a will, the parties often do not agree on whether to utilize or sell the property. The law provides a solution in these cases called a partition action. Under the California Code of Civil Procedure under C.C.P. 872.210, petitioning to partition is a legal right under the law. What is a Partition Action? There are two types of partition actions available in the State of California: “partition in kind” and “partition by sale”. A partition in kind action terminates each individual property owners’ interest in the real estate as joint owners and creates separate and divided portions of the property. A partition by sale action (also known as “succession”) sells
If you are facing foreclosure on your home in California, it is no doubt a very scary and stressful time for you and your family. However, it is crucial that you know that you have legal rights during this process. Learning as much as you can about the foreclosure process can help you understand your rights, and determine which action is best to take for your specific situation. Under California’s Civil Code Section 2923.5, you have the right to receive notice from the lender to assess your financial situation and explore options in an attempt to avoid foreclosure. Foreclosure in California In most cases, a loan servicer or lender must wait a full 120 days (4 months) before officially starting
On behalf of Thaler Law posted in real estate litigation on Tuesday, June 11, 2019. When buying property in California for residential or commercial purposes, it is smart to be cognizant of the potential risks involved with that process. When there are problems with the transaction or the property, it can lead to financial loss and other risks. In order to avoid real estate litigation, a buyer will want to find out about the property's zoning classification and what that will mean for any goals for the land or building. Zoning laws determine how an owner can use a specific piece of property. It can come as a surprise to a property owner that there are limits to what he
On behalf of Thaler Law posted in business formation on Monday, April 29, 2019. When the market crashed, leading to the housing crisis that lasted from approximately 2006 to 2014, millions of people lost their homes or found themselves living in desperate financial situations due to mortgages they could no longer afford. Fortunately, the rebound in the economy means that many of these people are now financially able to buy homes again. While this is exciting, boomerang buyers would be wise to proceed with caution, taking steps to avoid future complications, including potential real estate litigation. Buying a home is an exciting step, especially for California buyers who lost their homes due to unfortunate circumstances. The origins of the housing
On behalf of Thaler Law posted in business formation on Tuesday, March 19, 2019. When a Californian rents residential property, he or she has certain rights. There are laws in place that protect the interests of tenants, and they provide protections against things like invasion of privacy and other types of mistreatment from landlords. In some areas of California, however, provisions intended to help renters may actually not be helping them at all. In one town, this led to many disgruntled renters and the potential for real estate litigation. Lawmakers passed certain measures actually intended to protect the interests of renters. Landlords are now required to provide tenants with one-year leases, but there is no provision that keeps them from