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Articles 1 - 18 of 18
Full-Text Articles in Law
Taking Title To Servient Tenements, Roger Bernhardt
Taking Title To Servient Tenements, Roger Bernhardt
Publications
This article previews two California cases where easements were acquired - one through prescription, the other by implication – and where conditions had thereafter changed before the defendants had acquired the servient parcels. The article deals with the question as to how title insurance protects clients who are acquiring property against being held subject to easements that were not recorded.
Revising The Arbitration Clause In Real Estate Contracts, Roger Bernhardt
Revising The Arbitration Clause In Real Estate Contracts, Roger Bernhardt
Publications
This article discusses arbitration clauses between buyers, sellers, and brokers. In California. CCP 1298 is preempted by 9 USC 2, but agreements, however, may still require being initialed. Brokers are cautioned on using the CAR Residential Purchase form because the arbitration clause may be ineffective.
Lawyers And Lot Lines, Roger Bernhardt
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
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.
Attorney Fees Clause For Compensation But Not Fraud Claims: Hasler V Howard, 2004, Roger Bernhardt
Attorney Fees Clause For Compensation But Not Fraud Claims: Hasler V Howard, 2004, Roger Bernhardt
Publications
This article discusses a California case holding that an attorney fees clause in a listing agreement limited to actions regarding broker’s compensation did not cover fees incurred by a broker in seller’s failed fraud action.
Avoiding Judicial Liens In Bankruptcy: Moldo V Charnock, 2004, Roger Bernhardt
Avoiding Judicial Liens In Bankruptcy: Moldo V Charnock, 2004, Roger Bernhardt
Publications
This article discusses a California case which held that 11 USC §522(f)(2) required avoidance of a creditor’s judicial lien, even though that lien was senior to a consensual lien.
Ambiguous Payoff Demands In Escrow: California Nat’L Bank V Havis, 2004, Roger Bernhardt
Ambiguous Payoff Demands In Escrow: California Nat’L Bank V Havis, 2004, Roger Bernhardt
Publications
This article discusses a California case which held that the use of the term “payoff funds” in a letter advising an escrow agent of the status of a sale transaction did not transform the letter into a payoff demand statement.
Constitutional Rights In Regulating Tenancy In Common Conversions: Tom V San Francisco. 2004, Roger Bernhardt
Constitutional Rights In Regulating Tenancy In Common Conversions: Tom V San Francisco. 2004, Roger Bernhardt
Publications
This article discusses a case which held an ordinance forbidding residential tenants-in-common agreements from creating exclusive rights of occupancy violated the California constitutional right of privacy.
Creating Vs Disclosing Defective Conditions In Property: Lewis V Chevron, 2004, Roger Bernhardt
Creating Vs Disclosing Defective Conditions In Property: Lewis V Chevron, 2004, Roger Bernhardt
Publications
This article discusses a California case which held a prior owner not liable for injuries caused by a defective condition on real property after ownership was relinquished, even if the prior owner negligently created the condition.
Deference To Subsequently Enacted Cc&Rs: Villa De Las Palmas Homeowners V Terifaj, 2004, Roger Bernhardt
Deference To Subsequently Enacted Cc&Rs: Villa De Las Palmas Homeowners V Terifaj, 2004, Roger Bernhardt
Publications
This article discusses a California Supreme Court case which held that restrictions in an amended declaration recorded after the homeowner’s purchase of a condominium unit are binding on that homeowner, and are entitled to the same judicial deference as the restrictions recorded before the purchase.
Enforceability Of Affordable Housing Restrictions: Dieckmeyer V Redevelopment Agency, 2004, Roger Bernhardt
Enforceability Of Affordable Housing Restrictions: Dieckmeyer V Redevelopment Agency, 2004, Roger Bernhardt
Publications
This article discusses a California case which held that a condominium owner who purchased a unit under an affordable housing program was entitled to prepay the loan but was not entitled to reconveyance of the deed of trust that also secured compliance with the affordable housing restrictions.
Foreclosure Sequencing Of Mixed Collateral: Kearns V Transamerica Home Loan, 2004, Roger Bernhardt
Foreclosure Sequencing Of Mixed Collateral: Kearns V Transamerica Home Loan, 2004, Roger Bernhardt
Publications
This article discusses a California case which held that when mixed real an personal property secure a debt, so long as the debt is not reduced to judgment, such security may be foreclosed nonjudicially in any sequence without rendering the real property lien unenforceable.
Landlords Draws Upon Letters Of Credit In Bankruptcy: Redback Networks V Mayan Networks, 2004, Roger Bernhardt
Landlords Draws Upon Letters Of Credit In Bankruptcy: Redback Networks V Mayan Networks, 2004, Roger Bernhardt
Publications
This article discusses a California case where a landlord was entitled to fully draw down on a tenant’s letter of credit that was smaller than its rent claim and also smaller than a year’s rent.
Lis Pendens In Fraudulent Conveyance Claims: Kirkeby V Superior Court, 2004, Roger Bernhardt
Lis Pendens In Fraudulent Conveyance Claims: Kirkeby V Superior Court, 2004, Roger Bernhardt
Publications
This article discusses a California Supreme Court case which held that an action seeking to void a transfer of real property as a fraudulent conveyance affects title to or right to possession of that property and therefore supports a lis pendens.
On Making And Breaking Contracts, Roger Bernhardt
On Making And Breaking Contracts, Roger Bernhardt
Publications
This article discusses purchase agreements and the clauses affecting their termination and extension, including the question of when the contract is formed and what happens when a party is defrauded out of a contract rather into one. Also covered are ‘time is of the essence’ issues,.
Premature Notice Of Trustee Sale: Knapp V Dohertym, 2004, Roger Bernhardt
Premature Notice Of Trustee Sale: Knapp V Dohertym, 2004, Roger Bernhardt
Publications
This article discusses a California case which held that a slightly premature service of notices of a nonjudicial foreclosure sale did not invalidate the sale when the trustor was not prejudiced thereby..
Recovering Sale Expenses After Tenant’S Abandonment: Millikan V American Spectrum. 2004, Roger Bernhardt
Recovering Sale Expenses After Tenant’S Abandonment: Millikan V American Spectrum. 2004, Roger Bernhardt
Publications
This article discusses a California case which held that a commercial landlord may recover from a tenant the expenses incurred in selling a property after the tenant’s abandonment.
The Economic Loss Rule: Robinson Helicopter V Dana (2004), Roger Bernhardt
The Economic Loss Rule: Robinson Helicopter V Dana (2004), Roger Bernhardt
Publications
This article discusses a California Supreme Court case which held that the economic-loss rule does not bar tort recovery—compensatory and punitive damages—in a claim for intentional misrepresentation or fraud independent of a claim for breach of contract as might be applied to construction litigation.