Main Navigation
Call Today 707-387-0955
Law Office of Ethan A. Glaubiger
Real Estate & Business Attorney
The Right Attorney Makes A Difference
Click here to schedule your consultation.

Santa Rosa Real Estate Blog

Tips to resolve ownership disputes involving titles

Real estate disputes pop up every day around California. Most professionals recommend pursuing mediation to resolve the dispute, but when two parties believe they own a title, things can become complicated quickly. 

There are several ways you may see a dispute arise. It could be an error in the public record, or the property could have an undiscovered encumbrance that gives an unknown third party ownership over the building. Regardless of how the dispute came into being, it is critical for everyone involved to figure out a solution as quickly as possible. 

Tips on commercial lease contracts

One important matter that Sonoma County area business owners encounter is choosing the right space for their operations. Location may seem like it is the most important factor to consider, but it is one of many things that influence the practicality of commercial leases. Business owners who understand their leases can use their knowledge to negotiate better terms. 

It is important for you to choose your facility/building wisely. Once you sign a commercial lease, you are legally bound to abide by the terms. If an issue arises between you and the property owner, your lease can provide the framework on steps you can take to rectify it. Here are some key considerations on commercial leases

5 common types of construction defects

As a developer, you take pride in your work. You make it possible for people to live their daily lives in well-designed buildings. Unfortunately, sometimes you may face allegations of a construction defect.

Common construction complaints come about because of problems in the following areas:

  • Structural integrity
  • Electrical 
  • Mechanical
  • Windows and doors
  • Finishes
  • Moisture and thermal protection
  • Water intrusion

Most common issues with titles

In real estate, titles are bundles of rights related to a piece of property wherein the owning party has either equitable interest or legal interest. Many startups have popped up in recent years that aim to simplify the title process. 

Anyone planning on investing in property should consider acquiring title insurance, which will help pay for any defects in a building after the sale. Here are some of the most typical title issues property owners have to contend with. 

Hidden expenses that can emerge during development

If you are an investor, finding a prime piece of real estate for development is certainly an exciting prospect. You are likely eager to get all the necessary inspections out of the way and make a deal as soon as possible so that you can start developing and making a profit. Even property that seems like a fantastic value can come with some unsavory expenses, though. 

There are countless hidden costs, in fact, associated with buying and developing a piece of land. Sometimes these costs arise from legal complications, and in such cases, you should consult with an attorney to better understand the situation. Sometimes, however, routine expenses such as the following can skyrocket the cost of your project:

What should developers look for in a potential investment?

If you are looking to develop a piece of land, there is certainly potential for a lucrative return on your investment. Owning property is one of the best investments you can make, as it will likely only appreciate in value. Not all investments are good, though, and all developers should be cautious before signing any paperwork to finalize a deal. There are a few key features you should look for first.

Consider the following three factors when you are in the market for an investment property. Whether you are a first-time investor or a seasoned veteran, you can benefit from paying attention to the following factors when it comes to buying an investment property.

3 things that must be included in disclosures

Selling a piece of real estate is a stressful endeavor. Even if you are a pro selling in a high-demand area, there are often complications that can demand extra attention. One of the most common sources of such complication is the disclosures. Disclosures are intended to reveal all relevant issues and potential problems relating to a piece of property—if they are incomplete, a seller can be held legally liable.

According to the California Department of Real Estate, in addition to disclosing relevant information, buyers and sellers should both visually inspect a property prior to entering a contract. Be on the lookout for the following three details during an inspection and in the disclosures of a property, too. 

3 common types of real estate broker malpractice

Part of your real estate transaction may have involved the professional assistance of a real estate broker or brokerage firm. A broker is different from an agent in that the former goes through additional, in-depth education, must take another exam to receive this higher license and generally has more experience.

Are you unsatisfied with the transaction because of something the broker did or did not do? Perhaps something went wrong, but you are not sure if the mistake warrants a lawsuit. Here are some of the most common forms of real estate broker malpractice to help you determine if you have a claim. Talking to an attorney is the best way to know what options are available for your situation.

Understanding rights of way and easements

You are considering a home purchase, but you notice there is an easement in the title deed. Additionally, you have heard about rights of way and easement issues while looking for your dream home. Can an easement change the way you feel about your home purchase? How might a right of way or easement affect Californians when they are living on properties that have them?

First, it may help to understand the different types of easements and rights of way that you might encounter in an average title. In legal terms, these give others the right to enter or use your property, usually for the purpose of accessing another property near yours. The following points explain further:

  • A right of way is an easement that allows someone the right to pass through your land, such as sharing your driveway to access a park beyond your property or taking a public path that cuts through your property at some point.
  • An easement might allow utility workers access to a portion of your land where equipment is located, such as a telephone pole or power box.
  • A negative easement is a clause that prohibits you from making changes that affect others. For example, you might not be able to add another story to your home if it would obstruct a scenic or historic view from nearby properties.

3 questions to ask a prospective real estate attorney

If you are considering buying or selling a property and you are facing a situation that is somewhat atypical or complicated, you may find it beneficial to hire a qualified, experienced real estate attorney to work on your behalf. Even seemingly simple real estate transactions sometimes turn into highly convoluted or hotly contested matters, and having someone who knows the ins and outs of the industry working on your behalf can mean the difference between finalizing a transaction and returning to the drawing board.

Hiring a lawyer is an investment, and it is therefore essential that you feel confident in the person that you are about to hire before you make things official. So, before you sign on with a particular real estate attorney, consider asking the following questions.