Real Property

As a condition of subdivision map approval and an encroachment permit in 1989, Prout agreed to dedicate to the state a 20 foot-wide strip of land along the side of his subdivision-to-be where it abutted a public highway, so he could not later sue for inverse condemnation when CalTrans used the strip to expand the adjoining highway two decades later. Read More

For non-coastal lands, public use alone, no matter how prolonged, cannot by itself create a public dedication of private lands; rather there must be an express irrevocable offer of dedication by the owner and its acceptance by the pertinent public authority. Read More

A provision in a homeowners' association's covenants, conditions, and restrictions that banned "any business or commercial activity" did not prevent a homeowner from maintaining a vineyard on his property, since the CC&R in question should be interpreted to promote its evident purpose of maintaining the residential character of the neighborhood, not so as to impose any added restrictions not needed… Read More

A 1920 consent decree did not bar riparian rights holders from transferring their water allotment outside the source’s watershed, so long as they only did so outside of the April-October irrigation season. Read More

An easement providing the grantee with access, ingress, and egress to vehicles and pedestrians over a ten-foot wide strip of property is sufficiently definite so as not to be limited to its historic limited use, but rather may be used in any reasonable manner, including for future developments that may increase use of the easement without unduly burdening it. Read More

Plaintiff borrowers declaration that he did not recall receiving thirty or more telephone calls with servicer prior to recordation of a notice of default on his mortgage loan did not suffice to create a triable issue of fact as to whether those contacts had taken place since he did not deny that they happened. Read More

For purposes of ownership of real property mineral rights, dinosaur fossils are considered minerals. Read More

A homeowner association’s recorded CC&Rs, which contained a provision granting the association a first-priority lien on an adjoining golf course if for maintenance fees the association paid after the course's owner failed to do so, gave association’s lien priority over a mortgage that was recorded after the CC&Rs but before the fees were paid. Read More

Homeowners association could not invoke the Davis-Stirling Act to pursue claims in its own name without joining its individual owners since that Act only applies if the homeowners have mutual or reciprocal easements appurtenant to their separate interests (which was not true in this case). Read More

Homeowners association could not invoke the Davis-Stirling Act to pursue claims in its own name without joining its individual owners since that Act only applies if the homeowners have mutual or reciprocal easements appurtenant to their separate interests (which was not true in this case). Read More

Severson's Andrew Noble provides additional commentary on this important opinion. Read More

Plaintiff homeowner stated a viable wrongful foreclosure claim against mortgage loan servicer who told plaintiff that it would not accept plaintiff's offer to reinstate the loan, even though the offer was made more than 5 business days before the trustee's sale. Read More

Section 9 of the standard-form deed of trust, which allows the lender to take steps to preserve its interest in the property (including defending litigation) and charge the cost of doing so to the borrower, is in the nature of an indemnity provision under which the lender could add its litigation expenses to the principal debt secured by the deed… Read More

The filed-rate doctrine, as codified in Ins. Code 12414.26, barred plaintiff’s claim that a title insurer improperly charged additional document preparation and delivery service fees. Read More

Arbitrator did not exceed his powers in dismissing plaintiff HOA’s claims against developer on the ground that HOA violated its own CC&Rs by bringing the claims without first having obtained approval from a majority of homeowners. Read More

Securitized mortgages that Freddie Mac or Fannie Mae held in trust for investors are considered the property of the Federal Housing Finance Agency, so HOAs cannot obtain a super-priority lien for unpaid dues that will take precedence over the mortgage loan. Read More

An interlocutory judgment in a partition action was reversed because it directed the sale of the property but did not determine the each party’s percentage ownership in the property. Read More

A judgment lien perfected before the judgment debtor’s death may be enforced at any time within 10 years after entry of judgment; the one-year-from-death limitations period applies only claims against the decedent on which judgment has not been entered. Read More

Plaintiff is not entitled to an equitable easement over a disputed area of an adjoining property owner's land because plaintiff was negligent in planting the disputed area with a permanent crop (pistachio trees) while being aware of a boundary dispute but failing to investigate it.  Read More

A prosecutor may freeze and seize a criminal defendant's assets to pay restitution or a restitution fine ordered as part of a criminal sentence for certain white-collar crimes, but the resulting property interest is only defensible against a later transferee of the property if the county finishes the procedure and perfects its lien. Read More