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This Week in the Advance Sheets: Options to Purchase

Posted by Joseph Rockne | Oct 28, 2020 | 0 Comments

Division I issued an unpublished opinion (LM 15 LLC v. Girmay) concerning a dispute over an option to purchase real property. The Buyers singed an option to purchase land occupied by an unbranded gas station and related buildings, the same day they signed a lease. The agreements were entered in...

Adverse Possession v. Prescriptive Easement

Posted by Joseph Rockne | Oct 23, 2020 | 0 Comments

Boundary disputes arise in many ways. However, at their core, they all share a common characteristic: a legal boundary line is being ignored. Provided that the boundary line has been ignored for the requisite period of time (usually ten years), the user can acquire title to the other's property....

This Week in the Advance Sheets: Prescriptive Easements

Posted by Joseph Rockne | Oct 21, 2020 | 0 Comments

Two cases (both unpublished) in this week's advance sheets from the Court of Appeals. In a Division I opinion, the Court of Appeals addressed the summary judgment dismissal of a prescriptive easement claim. Several legal theories were discussed, including adverse possession of an easement (not e...

Statutory Warranty Deeds; Sellers' Lasting Obligations

Posted by Joseph Rockne | Oct 09, 2020 | 0 Comments

Real estate is transferred via deed. There are different types of deeds; the most common is the Statutory Warranty Deed. As with all deeds, a seller with sign a statutory warranty deed and deliver it to a buyer, often through escrow, and usually with it being recorded at the county recorder's of...

Time for your deposition

Posted by Joseph Rockne | Oct 02, 2020 | 0 Comments

Most lawsuits settle. But, there may be a time when the opposing attorney will have you in the hot seat answering questions under oath. Attorneys have the right to require parties and witnesses to answer questions during the discovery process. It can be a nerve wracking time. Most lawsuits settl...

Adverse Possession and Public Property

Posted by Joseph Rockne | Sep 25, 2020 | 0 Comments

People acquire property—and lose property—by adverse possession when certain facts have been present for more than ten years. The facts center on the possessor's use and occupation of the “true” owner's property. The use may have been by a prior possessor. I have addressed the elements in a prev...

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