April - 2018

Business Ownership

Business Ownership

A business entity may own property in different ways. Sole Proprietorship A sole proprietorship exists when an individual files to operate a business within the state as a single owner. The owner is personally liable for all debts and owns all assets while assuming all liabilities. The owner files one tax return and avoids double taxation. Partnership A partnership is a business organization that files an annual tax return and is formed as a general partnership or a limited p

Deeds

Deeds

A deed is a written instrument used to transfer title from one person to another. To be valid, a deed is required to: Be in writing, Describe the property, Have a granting clause, Describe a competent grantor, Be executed, and Be delivered and accepted. Under the Statute of Frauds, any conveyance of real property/land, must be evidenced in writing. In a valid deed, the property must be adequately described so that it is clear which parcel is being conveyed. The deed must cont

Nuisances, Trespassing and Encroachments

Nuisances, Trespassing and Encroachments

A nuisance is an activity that substantially interferes with another's right to the reasonable use and enjoyment of their property. A private nuisance affects a few people whereas a public nuisance affects the community in general. An owner may abate a nuisance by removing it or may bring a civil action against the person creating it in the form of an injunction or money damages. Trespass is the intentional and unauthorized entry upon another's land/real property. A continued

The Takings Clause and Land Use

The Takings Clause and Land Use

The Takings Clause stems from the Fifth Amendment to the U.S. Constitution and limits the power of eminent domain (or the power of the government to take private property for public use) in that the government is required to provide just compensation on the taking of private property. A physical taking occurs when the government occupies private property for a public purpose. In such a case, the private property owner is entitled to just compensation at market value and in th

Leasehold Interests in California

Leasehold Interests in California

There are four (4) types of leasehold interests recognized by law today: 1. Periodic Tenancy, 2. Tenancy for Years, 3. Tenancy at Sufferance, and 4. Tenancy at Will. Periodic Tenancy A periodic tenancy is a leasehold interest that is for an indefinite period of time. Such a tenancy automatically renews at the end of each period unless one of the parties gives notice of termination. California law presumes that renting real property is for a period of 30 days. Tenancy for Year

California Concurrent Ownership

California Concurrent Ownership

Concurrent Ownership There are three (3) types of concurrent ownership in California: 1. Tenancy in Common, 2. Joint Tenancy, and 3. Community Property. Tenancy in Common When two or more persons are owners of an undivided interest in an estate, a tenancy in common exists. Their interests need not be equal but each tenant has an undivided ownership of the property under a single common title. There is a requirement of unity, meaning that the tenants have an equal right of pos

California Water Rights

California Water Rights

Water in its natural state on the surface of the land or underground are considered real property. In the state of California, all water within the state is the property of the state. California's water regulations may be found here. California recognizes surface water and groundwater. Surface water is the water found on the land in watercourses (rivers, streams, natural springs) or in bodies of water (such as ponds or lakes). It may also include drainage water, storm water a

California Bundle of Rights and Lateral/Subjacent Support

California Bundle of Rights and Lateral/Subjacent Support

At common law, the word property refers to a bundle of legal rights that are attached to the ownership of physical property. These rights include the right to use, possess, transfer, encumber, and enjoy a property. Use: The right to use is a right that allows an owner of property the ability to control the use of the property. Possession: The right of possession allows an owner the ability to live on the property and to exclude others from accessing it. Trespassing on private

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