If you own or are thinking of investing in real estate in California, it’s helpful to know a few basic things about real estate law. Here are some key terms and issues to help you out:
Commercial Leases & Disputes
A commercial lease is a type of lease designed to be used when leasing property used primarily for a business. This type of lease also covers items such as security deposits, taxes, expenses and obligations for repairs, plus construction of the premises to be leased.
Quit-Claim Deeds
A deed that transfers whatever interest or title a grantor may have, without warranty.
Transfer Trust Deed
A Deed of Trust involves a lender, borrower and trustee. The lender gives the borrower money in exchange for the borrower signing a promissory note secured by a deed of trust. The deed of trust is recorded against the borrower’s property as a lien, and if the borrower defaults on the loan, the lender or trustee can take full control of the property by foreclosure or other means.”
This document is used in some states instead of a mortgage. Title is conveyed to a trustee rather than to the borrower. The trustee is an individual or organization that holds or manages and invests assets for the benefit of another.
Easements, Encroachments & Trespass
An easement is the right to use the land of another owner (or the right to prevent another property owner from using his or her land) for a special purpose.
An encroachment is a building structure, fencing, or landscaping that goes beyond a property line onto another’s property without permission.
Title Issues / Boundary / Property Line Disputes
Title issues arise when there are documents recorded against your property that you were not aware of or that need to be removed before you can sell the property to a potential buyer.
Boundary line disputes arise when landowners have a disagreement or uncertainty as to the exact location of the boundary lines between adjoining properties.
For more key issues in real estate law, visit the San Diego County Bar Association website.
This information is for educational purposes only and is not intended to provide legal counsel or serve as legal advice. If you have a real estate law matter, it is best to consult the advice of an attorney. You can get referred to an attorney for a free 30 minute consultation through the San Diego County Bar’s Lawyer Referral & Information Service at www.sdcba.org/ineedalawyer or by calling 1 (800) 464-1529.