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Easements by Necessity

At Schorr Law, our Los Angeles based easement and real estate attorneys see many types of easement disputes.  Easements can be created in a number of different ways.    An easement by necessity is exactly what it says – an easement that is created because of a true need.    Easements by necessity arise out of the public policy that favors the productive use of land and discourages the waste of real property due to a lack of access to the real property. An easement by necessity requires that their be a common grantor.  This means that the parcel that now requires the easement for access must have been previously part of a larger parcel of land (that had access). An easement by necessity can

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Whose Responsibility Is It to Maintain An Easement?

Our Los Angeles based easement attorneys constantly deal with easement disputes of many types.  One issue that comes up from time to time is whose responsibility it is to maintain an easement. The short answer is – the owner of the easement is responsible for maintaining the easement. In other words, if you have an easement that allows you to use a portion of another person’s or company’s land, then it is your responsibility to maintain the easement – it is not the responsibility of the servient tenement (the person whose land is burdened by the easement). In fact, the owner of an easement has the right and obligation to maintain the easement. Moreover, they have a duty to keep in the easement in a safe

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Posted in Easement

The New Long Beach Courthouse – The Modern Lawyer

As a real estate litigator whose practice is largely in Southern California – with a few matters in Northern California, I am fortunate to have litigated cases in many, many court houses.  As a real estate litigator I appreciate a good building and good architecture.   The Long Beach Courthouse sets the new standard for the modern practice of law in court. I have personally represented clients in over 25+ different courthouses, including, but not limited to the  following courthouses: Stanley Mosk Courthouse (downtown Los Angeles) Van Nuys Courthouse Torrance Courthouse Beverly Hills Courthouse Santa Monica Courthouse West Los Angeles Courthouse Pamona Courthouse San Bernardino Courthouse Vista Courthouse (North County San Diego) Central Justice Center (Downtown Los Angeles) Santa Ana Courthouse Santa Clara County Courthouse Simi Valley

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Posted in Real Estate Attorney

Why Our Lawyers Like To Draw

At Schorr Law our Los Angeles Real Estate attorneys really do have a different approach to the practice of law.  Beyond being very knowledgeable in all types of real estate matters because we have a highly concentrated practice area (real estate), we also like to draw.  You may wonder how does drawing matter?  It matters because we are constantly analyzing the strategy in our cases based on the applicable law, the procedural posture and the facts of the case. One of the best ways we re-analyze a case is to diagram it out through case schematics.  We typically invite our clients in to a drawing strategy sessions where we draw out our strategy.  After all, one of the best things we can do for our clients

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Posted in Real Estate Attorney

California Subjacent Support

Everyone knows that real estate in California is quite valuable.  This is true for both the surface and the subsurface land.    Our Los Angeles based real estate attorneys also understand through years of litigating real estate disputes in California that interfering with a landowner’s rights can have serious consequences.  This could not be more true with respect to subjacent support. Subjacent suport is the support of the surface by the underlying strata of the earth.  In other words, it is the right of the land to be supported by the land under it.  From a legal perspective, the owner of the surface land has an absolute right to the subjacent support.  That means that if someone other than the surface owner owns the land

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Posted in Litigation, Subjacent Support

3 Factors to Consider When Deciding to Partition Real Property

As active real estate attorneys in California we frequently have the opportunity to litigate partition claims throughout the state. Note, partition claims involve the decision by an owner of real property to force a co-owner to sell the property. These are powerful claims because they are difficult to defeat absent a waiver or a right of first refusal. As part of our representation of both plaintiffs and defendants in partition claims we typically analyze several key issues, including but not limited to, the following: Ownership: Does record title accurately reflect who the true owners of the property are? If not, you may want to consider a quiet title action or cross-complaint so that the court can identify the true owners of the property.   If so,

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Posted in Ownership, Partition

How to Establish an Easement by Necessity

In one of our Los Angeles Easement attorney’s previous posts, we gave a general overview of easements and the various methods of creation. In this post, we discuss easements that are created by necessity. The easement by necessity is a product of public policy that favors the productive use of land and discourages the waste of assets merely because of a lack of access. (Kellogg v. Garcia (2002) 102 Cal.App.4th 796; Hewitt v Meaney (1986) 181 Cal.App.3d 361.) Based on this public policy, in certain limited circumstances, an easement may be created by implication where it is “absolutely essential” as access to a dominant tenant. (Horowitz v. Noble (1978) 79 Cal.App.3d 120, 130.) As further discussed below, an easement is created by necessity only where: (1)

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Zachary D. Schorr’s Expert Appearance on the Dr. Phil Show

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Zachary Schorr Superlawyers

Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

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If you are currently involved in a real estate dispute, either commercial real estate or residential, and are looking for a Real Estate Attorney in Los Angeles with a cost-effective, results oriented approach designed to meet your case's specific needs, contact the attorneys at Schorr Law. Our real estate firm has the specific knowledge and experience necessary to get you the best possible results.

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