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Golden Gate University School of Law

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Adverse possession

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The Right To Housing: Possessing Home In California, Golden Gate University School Of Law Apr 2019

The Right To Housing: Possessing Home In California, Golden Gate University School Of Law

GGU Law Review Blog

In an area where the median home costs $820,000, San Francisco’s Bay Area is currently experiencing an affordable housing crisis. Unsurprisingly 25,951 people lack stable housing in the Bay Area. A recent Brookings Institute income inequality study ranked the San Francisco metropolitan area (including San Mateo, Alameda, Contra Costa and Marin Counties) the third highest in income inequality in the United States. In the Bay Area, where the median fair market rate for a two bedroom apartment is $3,121, the highest earners were making eleven times more than the lowest.

Among those most affected by the rising rents are minority …


Posting Property And Prescriptive Easements: Aaron V Dunham, 2006, Roger Bernhardt Jan 2006

Posting Property And Prescriptive Easements: Aaron V Dunham, 2006, Roger Bernhardt

Publications

This article discusses a California case which court held that posting of permission-to-pass signs by a lessee, who was not landowner’s authorized agent, was ineffective to stop the neighbor’s prescriptive easement claim.


Lawyers And Lot Lines, Roger Bernhardt May 2004

Lawyers And Lot Lines, Roger Bernhardt

Publications

This article discusses doctrines dealing with encroachments. An encroachment may be protected by showing that it is permanent and has existed for more than three years; however, there are cases to the contrary. Adverse possession or prescriptive easement theoriues can also be used if the property was possessed for at least five years and other standards are met. Additiionally agreed boundaries and good faith improvements doctrines may apply.


Lawyers And Lot Lines, Roger Bernhardt May 2004

Lawyers And Lot Lines, Roger Bernhardt

Publications

This article discusses doctrines dealing with encroachments. An encroachment may be protected by showing that it is permanent and has existed for more than three years; however, there are cases to the contrary. Adverse possession or prescriptive easement theories can also be used if the property was possessed for at least five years and other standards are met. Additionally, agreed boundaries and good faith improvements doctrines may apply.