“Neighborly” Beach Access [By Randy Sullivan]
Easement rights and beach access have been an ongoing and regular area of dispute. One strategy to keep neighbors off […]
Court Has Flexibility In Boundary Disputes [By John H. Patton]
Sometimes neighbors get into disputes about rights along their boundaries. These can encompass all manner of issues, from determining the exact boundary (usually by survey); to quarrels about views, trees, and landscaping; to disagreement about access and easement rights; to debate over the use and ownership of encroaching structures.
Landowner Prevails In Spot Zoning Case [By Randy Sullivan]
The court of appeals recently considered whether spot zoning occurred in the City of San Clemente and thus entitled the property owner to compensation as a “constitutional taking” of property by the government.
Damage Presentation Key in Recovering Lost Profits [By Randy Sullivan]
Two recent cases involving failed land development transactions produced two extremely different outcomes. And, on closer examination, it’s clear the results turned on the plaintiff’s ability to demonstrate lost profits.
When is Final Really Final? – First National Mortgage Company v. Federal Realty Investment Trust [By Randy Sullivan]
When real estate negotiations turn hot, offers and counter-offers move quickly, often with more focus on the terms of the transactions than the legal niceties. That can be an expensive mistake, as one developer found recently when a ‘Final Proposal’ morphed into a binding deal.
SEC Eases Rules for Private Placement Securities [By Ralph Kokka]
The Securities and Exchange Commission (“SEC”) has recently approved final rules that have eased the restrictions against general solicitation and advertising in private placements of securities.
Court Confirms Real Estate Brokers Are Not Personally Liable for Acts of Corporation [By Randy Sullivan]
California Real Estate Brokers can breathe a little easier now that the courts have reaffirmed that if they have properly incorporated, ordinarily they will not be personally liable for the acts committed by corporate employees or agents.