Blog Archives

What is a Partition Action?

What is a Partition Action? Sometimes, when two (or more) people own the same piece of real property, they will disagree on what to do with the property.  One common example occurs when a parent passes away and leaves a piece of real property to her/his three children.  If the children cannot agree on what to do with the real property, one of them may eventually be forced to file a suit for partition of the property. A partition action asks the court, pursuant to California Code of Civil Procedure Section 872.210, to divide the real property fairly between the different owners.  For a property with a home or other development on it, this usually means selling the property and dividing the proceeds of the

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Posted in Ownership, Partition, Real Estate Attorney Los Angeles, Wills / Trusts

New Senate Bill Makes it Easier to Build “Granny Units”

In an effort to create more affordable housing, Governor Jerry Brown signed two bills that will expedite and allow granny units to be created in single-family and multi-family homes. Assemblyman Richard Bloom and Senator Bob Wieckowski, keeping in mind the housing affordability crisis in California, created the two bills. Senate Bill 1069, otherwise known as SB 1069 went into effect as of January 1, 2017. SB 1069 is meant to make it easier for homeowners to build “accessory dwelling units” (no longer called second units). Of course, with the approval of this new Senate Bill, come conditions that would need to be met. For a list of these provisions, please go to the California Legislative Information website. If anyone is planning to eventually lease/rent an

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Posted in Development, Homeowners, Land and Property, Leases, Real Estate Attorney Los Angeles, Residential Lease

What is a Homestead Exemption?

A homestead exemption operates to protect a homeowner’s equity in their home from a forced sale – it effectively “exempts” a portion of the homeowner’s equity in their residence from creditors trying to enforce a judgment. There are two types of exemptions: (1) the automatic residential exemption (“Automatic Homestead”); and (2) the declared homestead (“Declared Homestead”). Homeowners automatically receive the benefits of an Automatic Homestead. The Automatic Homestead arises by operation of law when a party’s principal dwelling is subject to a forced sale. In contrast, the Declared Homestead requires that a party record a declaration stating, among other things, that the residence is the principal dwelling of the declarant or his or her spouse and that the declarant or his or her spouse resided

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Posted in Homestead, Judgment, Judgment Collection, Real Estate Attorney Los Angeles

What is the Chain of Title?

What is the Chain of Title? In real estate terms, the Chain of Title is exactly what it sounds like. It is the historical and public structure (chain) of transfers of title that claimants make to establish an interest in real property. The chain, in this case, is made up of the changes to title to a property between  prior and new owners and/or owners and lien holders. When is the Chain of Title used? Chain of Title types comes to the forefront in disputes involving  priority of title issues.  An example of this would be a case where competing lien holder (lenders) claim to have the first interest in the property.   One lender may then choose to quiet title and have the court declare who has priority.  Priority

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Posted in Chain of Title, Ownership, Quiet Title, Real Estate Attorney Los Angeles

3 Common Deeds For Real Property

The purchase of real property generally comes with some type of warranty deed. Warranty deeds provide a certain extent of protection against defects in title.  Three of the most common types of deeds are: General Warranty Deeds and Grant Deeds; Limited Warranty Deeds; and Non-Warranty Deeds. General Warranty Deeds (Grant Deeds) In a General Warranty Deed, the seller usually gives four warranties regarding the land to the buyer.  Specifically, the seller warrants to the buyer that: The seller has the right to convey the real estate; The seller will defend the title to the real estate against the claims of all persons; The seller has proper “seisin.”  Seisin basically means that the seller warrants that the seller owns all of the rights in the real estate; and

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Posted in Deeds, General Warranty Deeds, Limited Warranty Deeds, Quit Claim, Real Estate Attorney Los Angeles

Schorr Law Ranked No. 27 on 2016 Law Firm 500 List

Los Angeles, California, October 13, 2016 – This past Monday, October 10th, the Law Firm 500 Award Team published and announced its 1st Annual Law Firm 500 Award Honorees List of America’s Fastest Growing Law Firms. We are very pleased to announce that Schorr Law was named as one of the recipients for the 2016 Law Firm 500 Honorees Award. The list recognizes law firms all over The U.S. that have achieved significant growth, have a strategic vision, and also have an unwavering commitment to succeed. Schorr Law was first informed of its nomination and was later given the news that it would be recognized for the firm’s “growth, operational excellence, and commitment to client service”. Schorr Law made the Top 30 at No. 27

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Posted in Media, Real Estate Attorney, Real Estate Attorney Los Angeles

Commercial Lease Indemnity Provisions

At Schorr Law, our Los Angeles commercial real estate attorneys have significant experience litigating all types of commercial leasing disputes.   Those disputes can arise out of the most basic terms or complex risk shifting terms often contained in commercial leases.  For example, most commercial leases contain an indemnity provision that require the tenant to reimburse the landlord for things like a slip and fall that occurs in the common area of a property.   Even though insurance usually covers these types of disputes, it is important to understand every term in a commercial lease – even boilerplate terms. Here is an analysis of a published California opinion dealing with a boilerplate indemnity provision. Morlin Asset Management LP v. Murachanian  The Facts: In summary, a commercial

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Posted in Boilerplate Provision, Commercial Lease, Commercial Real Estate, Real Estate Attorney Los Angeles

The Ability to Grant Additional Easements over Existing Easements

Schorr Law’s Los Angeles based easement attorneys discuss whether a landowner can grant additional easement over an existing easement already on their land. As discussed below, this is generally permitted, as long as the additional easement does not unreasonably interfere with any existing easements. Every incident of ownership not inconsistent with the easement and the enjoyment of the same is reserved to the grantor. (Dierssen v. McCormack (1938) 28 Cal.App.2d 164, 17.) In other words, the owner of the servient tenement, i.e. the landowner, may make any use of the property that does not unduly interfere with the easement. (Atchison, Topeka & Santa Fe Ry. Co. v. Abar (1969) 275 Cal.App.2d 456, 464.) In fact, it is not necessary for the servient estate owner to make any reservation

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Posted in Easement, Real Estate Attorney Los Angeles

What is an Equitable Servitude?

An equitable servitude is a legal term that is used, in the context of real property, to describe a non-possessory interest in land that operates much like a covenant running with the land.  In other words, it operates very much like a restriction on the use of land. Indeed, in certain situations, if restrictions on the use of property do not meet the requirements of covenants running with land, they still may be enforceable as equitable servitudes. In other words, courts can enforce promises regarding the use of land “even though the person who made the promise has transferred the land to another.” (Cebular v. Cooper Arms Homeowners Ass’n (2006) 142 Cal.App.4th 106, 122 citing Marra v. Aetna Construction Co. (1940) 15 Cal.2d 375, 378.)

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Posted in Contracts/ Agreements, Equitable Servitude, Grant Deed, Leases

House Torn Down by Accident in Texas

There was an interesting article in the news lasted week about a woman in Texas whose house was torn down by mistake when a demolition crew accidentally tore down her house.  The article appeared throughout the media last week – the apparent cause was a Google Maps mistake that lead the workers to the wrong house.  This is an almost unbelievable story, but it brings up a number of important issues. Our Los Angeles based real estate attorneys have answered several related questions, below, to shed more light on this incident: How could this happen?  This is really the developer’s or contractor’s mistake.  They should have verified the address outside of looking at a google map.  From a legal perspective, contractors, builders and homeowners are

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Posted in Litigation, Nuissance, Trespassing

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

Zachary D. Schorr’s Expert Appearance on ABC’s Nightline

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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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