May 18, 2018

A mobile home is a structure designed for human habitation and includes a manufactured home. In a mobile home park the tenant-resident owns the mobile home, which is personal property and the park owner owns the space between the coach, which is real property. 

The heal...

May 15, 2018

A light, air and view easement is a negative easement created by grant that prevents an adjacent landowner from building a structure or planting trees that would prevent sunlight or air from reaching the dominant estate. In California, no landowner has an absolute righ...

May 9, 2018

Succession is the legal transfer of a person's interests in real and personal property to as an intestate and is said to die intestate. The laws of intestate succession governs the transfer of property from a decedent to an heir when the decedent fails to dispose of th...

May 8, 2018

There are several advantages to choosing a trust instead of a will to dispose of property after death. A trust may be established while the settlor is alive and the property that would constitute the decedent's estate may be placed into the trust before the settlor die...

May 8, 2018

Adverse possession is the ability to obtain title by occupying land for a statutory time period without the permission of the owner. In essence, adverse possession rewards the occupier who makes use of the land, and also gives the property owner an incentive to manage...

May 3, 2018

The California Probate Code defines a will to include any testamentary instrument which appoints an executor or revokes or revises another will. California recognizes witnessed wills, statutory form wills and holographic wills.

Witnessed Will

A witnessed will is valid in...

April 26, 2018

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...

April 23, 2018

 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...

April 19, 2018

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 remo...

April 17, 2018

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 p...

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