Simply put, an easement is an interest in someone else’s land which gives the “owner” of the easement a limited right to use the other’s property. There are many different types of easements (e.g., express, implied, by necessity, prescriptive, etc.). You’ll probably be surprised to learn that your property is subject to at least one easement, probably in favor of the power/utility companies. If you’re curious, obtain a title report for your property and take a look.

The most common disputes that occur concerning easements usually involve either the land owner interfering with someone else’s easement (onto the owner’s land), or the owner of the easement (the one who does not own the land) going beyond the rights granted in the easement. For example, a new homeowner might discover that a neighbor is using the owner’s private driveway to access the neighbor’s property. Whether the new homeowner has the right to block such access or not depends upon whether a valid easement exists.

If you are the “owner” of an easement (i.e., you have a right to enter or use a defined portion of someone else’s property) who is being denied access, or if you are the property owner facing someone else who is violating the terms of an existing easement (or claiming to have an easement where none exists), you can obtain monetary and injunctive relief to enforce your rights.

Contact Us to Discuss Your Dispute By Calling: (949) 767-3910

Many people are surprised to learn that under very specific circumstances, someone else can trespass on their land (or, more likely, a portion of their land) and eventually gain legal ownership of that part of their land. The legal doctrine that allows this involuntary transfer of ownership is called adverse possession.

Sometimes the adverse possessor is intentionally attempting to take someone else’s property, but more often it’s done unintentionally (usually as a result of an honest mistake). And while adverse possession doesn’t happen nearly as much today as it used to, it does still happen.

To succeed on a claim for adverse possession (i.e., to adversely possess all or a portion of someone else’s land), the adverse possessor must:

• openly exercise exclusive possession of the land;
• continuously for at least 5 years; and
• pay the property taxes on the land (or portion of land at issue).

(Civ. Code, § 325; Mehdizadeh v. Mincer (1996) 46 Cal.App.4th 1296.)

Contact Us to Discuss Your Dispute By Calling: (949) 767-3910

Most people already know that landlords have the right to evict tenants for a whole host of reasons (e.g., nonpayment of rent, violation of a lease/rental agreement, causing a nuisance, etc.). Sometimes, however, a tenant simply refuses to leave. When that occurs, the law does not allow a landlord to engage in what is often called “self help” (i.e., hiring movers to forcibly remove the residents, turning off the power/water, etc.). Instead, a landlord must file a lawsuit called an unlawful detainer.

Unlawful detainer actions are most commonly filed against tenants who:

• fail to pay rent even after receiving a 3-day notice to pay or quit*;
• refuse to leave a property at the end of the lease term;
• engage in activities that constitute a nuisance and refuse to cease such behavior;
• fail to comply with a lease provision despite receiving a notice to perform or quit;
• cause damage to a leased property; and
• participate in illegal activities on the property.

(See Code of Civ. Pro., § 1161.)

Contact Us to Discuss Your Dispute By Calling: (949) 767-3910

“Trespass to timber” is the wrongful removal, destruction, or injury to any trees or underwood located on someone else’s property without permission. (Code Civ. Pro., § 733.) It is illegal to engage in any trespass to timber.

If someone cuts down, removes, or injures any trees or underwood on your property, you have the right to sue for trespass to timber. The amount of monetary damages to which you’ll be entitled to depends on the facts:

• If the court finds that the trespass was unintentional (e.g., the trespasser had a reasonable basis to believe that the trees/underwood were on his or her property, and not yours), you’re entitled to double the value of the trees/underwood destroyed;
• If the trespass was intentional, you’re entitled to triple the value of the trees/underwood destroyed; and
• If the trespass was committed by someone from the government (say, to make repairs to a highway or bridge), you’re entitled to just the value of the trees/underwood destroyed.

(Civ. Code, § 3346.)

Contact Us to Discuss Your Dispute By Calling: (949) 767-3910

Generally speaking, there are two broad categories of property: real property (i.e., land or the structures built on land) and personal property (i.e., virtually everything else, including tangible personal property like all of your “stuff”).

For obvious reasons, destroying someone else’s property without their permission is almost always illegal. For example, you can’t decide to smash your neighbor’s windows, nor can you crush your neighbor’s car with your giant pickup truck. Not only is such conduct a crime (Pen. Code, § 594), it can also subject the wrongdoer to significant civil liability. Of course, intentional acts of vandalism aren’t the only way to cause damage to someone else’s property. For example, if a neighbor’s tree branches or roots invade your side of the property line and damage something on your property, your neighbor is liable for that damage.

Since property damage is almost always a byproduct of another wrongful act (whether intentional or not), most cases of property damage occur because someone else was:

• acting negligently;
• causing a nuisance;
• trespassing;
• guilty of conversion (i.e., the term for the civil claim of theft); or
• committing a trespass to chattels, which is a fancy term for interfering with someone’s lawful possession of their tangible personal property.

You can file a claim to recover your losses resulting from someone else’s damage to your property, and in certain cases, where the property damage is ongoing, you can obtain injunctive relief to stop the damage from continuing.

Contact Us to Discuss Your Dispute By Calling: (949) 767-3910

Conversion is the civil version of the crime of theft. Conversion occurs when someone else takes control over your personal property (or continues to maintain control when you’ve demanded that they return your property to you). (Welco Electronics, Inc. v. Mora (2014) 223 Cal.App.4th 202, 208.) Money can be converted if the amount taken is a specific sum capable of identification. (Id. at 216.)

If someone converts (i.e., steals or takes control over) your property, you may have a claim not only for the value of the property at the time of the conversion, but fair compensation for the time and money expended pursuing the property. (Virtanen v. O’Connell (2006) 140 Cal.App.4th 688, 708; Civ. Code, § 3336.) Punitive damages may be available if the plaintiff shows that the defendant acted oppressively, fraudulently, or maliciously. (Civ. Code, § 3294.)

Trespass to chattels v. conversion. While both trespass to chattels and conversion are similar, there is a difference. Conversion arises from the complete dispossession of the personal property, while trespass to chattels deals with a lesser degree of interference. Note that neither tort is appropriate in the context of real property.

Contact Us to Discuss Your Dispute By Calling: (949) 767-3910

If your insurance company denies a claim (or withhold benefits or payments) that reasonably should’ve been covered under your policy, you may sue your insurance company for bad faith. (Major v. Western Home Ins. Co. (2009) 169 Cal.App.4th 1197, 1209.) This is called a first party bad faith claim.

There is an implied promise of good faith and fair dealing in every contract, including insurance policies. That “implied promise” includes a duty on the part of an insurance company to not unreasonably withhold or delay benefits due under a policy, and to not do anything to interfere with the right of the insured party to receive the benefits under the policy. And in the context of a bad faith insurance claim, that implied promise includes a duty on the part of an insurance company to not unreasonably withhold or delay benefits due under a policy. (Maslo v. Ameriprise Auto & Home Ins. (2014) 227 Cal.App.4th 626, 633.) In fact, courts have gone so far as to say that insurance companies must “give at least as much consideration to the welfare of its insured as it gives to its own interests.” (Egan v. Mut. of Omaha Ins. Co. (1979) 24 Cal.3d 809.)

Contact Us to Discuss Your Dispute By Calling: (949) 767-3910

There are a variety of reasons why someone would share title to real property (i.e., land) with someone else. For example, a married couple will often both be on title to their home, as will business partners, unmarried couples, friends, or even investment groups. Likewise, two or more people might inherit property and wish to do different things with it. Unfortunately, sometimes disagreements arise between property owners regarding important issues such as whether to spend money making improvements, whether to keep or sell the land, or whether to live at the property or rent it out.

Prior to January 1, 2023, when the owners couldn’t resolve such disagreements amongst themselves, their only legal option was to file a lawsuit more commonly known as a partition action, where the court would either: (i) terminate the owners’ common ownership in the same property, order a sale of the property (in most cases), and decide on how to divide the proceeds of the sale; or (ii) actually partition the property itself (i.e., physically split it up in what’s known as a partition in kind). (Code of Civ. Proc., § 872.010 et seq.; 14859 Moorpark Homeowner’s Ass’n v. VRT Corp. (1998) 63 Cal.App.4th 1396.)

There were, of course, exceptions to the forced sale, such as when the parties agreed to what’s called a partition by appraisal. A partition by appraisal basically permits an owner to remain at the property by buying out the ownership interests of the other owner(s) without having to incur the significant expenses of an actual real estate sale. (Cummings v. Dessel (2017) 13 Cal.App.5th 589, 598.) Instead, the court would determine the value of the property (assuming the parties weren’t in agreement as to its value), and then come up with a calculation that would compensate the seller owner(s).

On January 1, 2023, however, California’s Partition of Real Property Act (“PRPA”) went into effect. Aside from addressing how partition by appraisals (see below) work, the PRPA established guidelines that courts must consider in deciding whether a partition in kind order would prejudice the other owners. Those factors include:

• whether the property itself can be practicably divided among the co-owners;
• whether the partition in kind would significantly lessen the fair market value of the property as a whole;
• the collective duration of ownership and possession of the co-owners and their predecessors;
• a co-owner’s sentimental attachment to the property;
• the lawful use being made of the property by a co-owner and the degree to which the co-owner might be harmed if that co-owner couldn’t continue to use the property in the same way;
• the degree to which the co-owners have contributed to their pro rata shares of the taxes, insurance, and other expenses necessary to maintain the property; and
• any other relevant factor the court wishes to evaluate. (CCP § 874.319.)

With respect to partitions by appraisals, under the PRPA, the consent of all the co-owners is no longer required. If the owner bringing the partition by appraisal action wishes to pay the appraised value, then that owner can compel the other owner(s) to sell. Rather, the court will appoint an appraiser and allow that independent appraiser to establish the fair market value of the property (again, assuming that the parties aren’t in agreement regarding the property’s value). (Code of Civ. Proc., § 874.316.) Once that occurs, each party will be notified, and they will have the right to challenge the value established by the appraiser. Subsequently, the court will notify the party demanding the partition of his or her right to buy-out the other owner(s). (Code of Civ. Proc., § 874.317.) If this looks a lot like a right of first refusal, you’re correct. That’s exactly what it is.

Contact Us to Discuss Your Dispute By Calling: (949) 767-3910

The purpose of a quiet title lawsuit is to establish or clarify title to a parcel of land—such as when there are current or potential adverse claims to that title from others. Bringing a lawsuit for quiet title is sometimes referred to as quieting title to a parcel of land, and it is controlled by statute. (Code Civ. Proc., §§ 760.010 to 764.080.) Quiet title claims must be brought in the county where the property is located. (Code Civ. Proc., §§ 760.050.) Once the court rules on a quiet title claim, the prevailing party will have clear title to the land. In other words, the court’s ruling is final as to the ownership of the property.

A lawsuit to “quiet title” in a parcel of land may be appropriate in a variety of situations, such as when:

• there are discrepancies among two or more recorded documents regarding the same piece of property (e.g., see Claudino v. Pereira (2008) 165 Cal.App.4th 1282);
• someone else is encroaching on your land, or otherwise trying to establish some rights to all or a portion of your property (such as through a prescriptive easement or adverse possession); or
• there is a discrepancy between where a boundary line is actually located.

Contact Us to Discuss Your Dispute By Calling: (949) 767-3910

Real estate contracts are, by and large, extremely complicated documents. Not only are they typically very long, but a lot of them rely on old fashioned phrasing and hackneyed legal jargon that sounds like the document was written 100 years ago.

The vast majority of real estate contracts can be divided into one of two categories: commercial contracts or residential contracts. Commercial real estate agreements involve the operation of a business venture, such as a commercial lease. Residential real estate agreements on the other hand involve non-commercial/non-business properties, such as your home, and might include, for example, a residential lease. There are, of course, different types of commercial leases (e.g., single-net, triple-net, full-service gross, etc.) and different types of residential leases (e.g., term for years, periodic tenancy, etc.).

In addition to leases, there are hundreds of other commercial and real estate documents that you might need, such as:

• deeds of trust;
• quitclaim deeds;
• promissory notes;
• security agreements (mortgages);
• purchase & sale agreements;
• option agreements;
• disclosures;
• facility use agreements;
• indemnity and waiver agreements;
• rental agreements; or
• 3-day, 30-day, and 60-day notices to perform or quit.

Contact Us to Discuss Your Dispute By Calling: (949) 767-3910