Easements and Property Dispute Resolution

Easements , , , ,

The Right to Limited Use of Another’s Property

The use of easements is common, often laid out when a subdivision was created, which allows another party the right to use a portion of that property. Common examples of easements involve public utility or power lines, phone lines, underground pipes, and storm drains. An easement owner is entitled to a limited use or enjoyment of another’s land. A prescriptive easement is an easement that is earned by regular use. They are not purchased, negotiated, or granted. A prescriptive easement may offer a solution to a boundary dispute.

If you find yourself in the position of needing an easement or disputing an easement, DiJulio Law Group can assist you.

There are various types of easements used to address the many property access problems that arise.

Prescriptive Easements

A prescriptive easements may be considered as the acquisition of an easement by adverse possession or squatter’s rights. For example, if a property owner built a fence ten years ago and the owner of the adjoining property has now determined that the fence is several feet past the actual boundary line and decides to contest, a prescriptive easement may be sought that allows the fence to remain. A prescriptive easement is simply a right to use property, the user does not gain title to the land. A prescriptive easement involves only limited use of a property, for example a pathway or driveway. Payment of property taxes is not required.

Other Types of Easements

An easement in gross involves only property, and the rights of other owners are not considered. For example, a public utility line easement would be an easement in gross and would be recorded in the public records. If for any reason the title insurer fails to disclose a properly recorded easement in gross, and which then causes a problem later, then the title insurer must either pay you the diminished value of your property, or have the easement moved.

An example of an easement appurtenant would be an easement allowing you to drive over your neighbor’s property to in order to reach your property. This situation occurs in so-called “flagpole” lots that have no direct access to public roads. To create an easement appurtenant by necessity, the owner of the landlocked parcel must be able to prove in court that there was common ownership with one of the joining parcels that has public access.

Easements come in many forms, from view easements to implied easements to easements created by deed. Common concerns with existing easements include determining if there are options to have it removed. Seeking a prescriptive easement to resolve a boundary dispute is another common concern. All easement disputes, concerns, or questions are best dealt with by a qualified real estate and property law attorney.

DiJulio Law Group
https://www.dijuliolawgroup.com

Construction Claims: Cost Overruns and Delay Claims

Business Law, Easements, Mechanic's Lien, Residential , ,

Construction contract bidding is a complex process

Contract bidding is a complex process that requires owners and contractors to provide detailed information about a project. It is necessary in order to reasonably estimate the costs associated with building projects. Though detailed information and careful consideration may have been involved in the bidding process, inevitable changes made after contracts have been signed can result in significant differences between project bids and project costs.

Circumstances unforeseen prior to the start of a project can have significant negative financial impact on contractors, sub-contractors, and owners. At the DiJulio Law Group, we have an in-depth understanding of complex issues associated with documenting, proving and recovering the costs associated with changes to a contractor’s performance resulting from a variety of factors.

Construction cost overruns

Most construction projects benefit from a modicum of planning, but circumstances occur that cause some projects to go astray which make cost overruns inevitable. Contractors and sub-contractors must stay ahead of the project by acknowledging problems immediately and providing solutions. Informing owners is in the best interests of contractors as well.

A useful process in cost management of a project is to compare the budgeted/estimated project compares with the completed actual project. Reasons for cost overruns can quickly be determined by this method. Once the project is completely finished, and the project costs are paid, a project completion meeting with significant individuals of the project team to discuss what went right and what went wrong is highly recommended.

Our experience includes all types of construction cost overrun claims, such as impact and delay claims, changed conditions or differing site conditions claims, and defective specification claims. We use an well informed, in depth approach in resolving our clients’ disputes.

Construction delay claims

As a construction delays can create major problems and become very costly, the schedule is a critical part of any construction project. Careful scheduling can help protect the interests of contractors and property owners, but there may be unforeseen circumstances or events that give rise to construction delay issues.

These delay issues may cause any number of construction disputes. Effectively managing these disputes often requires seasoned legal judgment. Such judgment comes as a result of having protected the interests of contractors, sub-contractors, and owners with respect to a wide variety of delay-related issue such as weather, concurrent, or owner-caused delays.

DiJulio Law Group
https://www.dijuliolawgroup.com

Buyers, Sellers and “Dual Agency”

Residential , , , , ,

The Multiple Roles of Agents and Brokers

Buyers and sellers of real estate frequently don’t understand the role of real estate agents and brokers, their functions, and what interests they represent.

All real estate agents are licensed under a real estate broker, and a broker may employ many agents. It is therefore possible for a buyer to work with one agent who is licensed by the same broker as the listing (selling) agent. Legally speaking, real estate agents are categorized as “salespersons”, and who act under the “supervision” of a real estate broker.

When an undecided buyer, looking for a home, contacts an agent, they create a single agency relationship. The agent’s relationship with the buyer changes if the buyer chooses a home listed by that agent’s broker. This situation creates a dual agency. The agents could work at separate offices and be strangers to each other, but since they are licensed by the same broker, they are still operating under dual agency if one agent represents the buyer and the other represents the seller. Not all single agents note the distinction. As a practicality, most of these dual agents act the role of dual agency but continue to function as single-agency representatives.

In California, representing both buyer and seller (dual agency) is permitted with consent of all parties. Any confidential information pertaining to one party cannot be transmitted to the other party, and vice versa. This arrangement can be to the advantage of all involved, since all parties may work to achieve common goals, rather than one party trying to take advantage of the other party.

Real estate brokers and agents actually have no legal obligation

What buyers and sellers alike may not realize is that, in many cases, real estate brokers and agents actually have no legal obligation to look after their best interests. In a dual agency situation, both brokers and agents may guide the transaction to their own best advantage. All states provide avenues for brokers to “double end” a deal, working with both the buyer and seller in the same transaction. They then avoid the need to split commission income with a cooperating broker. In such instances, it is possible that neither the buyer nor seller is fully represented.

Many states now allow brokers to provide services to buyers and sellers as “transaction brokers” or “facilitators,” without traditional fiduciary duties of loyalty and obedience.

DiJulio Law Group
https://www.dijuliolawgroup.com

Defending Enforcement Actions in Environmental Law

Environmental Law , ,

A state that is a leader in innovative environmental regulation

Business in California contributes substantially to the nation’s economy, while being challenged by operating within a state that is a leader in innovative environmental regulation. The attorneys at DiJulio Law Group understand that environmental regulations are necessary and vital for the health and safety of all citizens. Environmental cases involve a mix of statutory and regulatory knowledge. They require the ability to present complex regulatory and scientific issues to persons with little or no experience in such matters.

Our practice includes the defense of property owners facing legal and regulatory challenges. We first seek negotiated solutions to environmental issues; however, we are prepared to pursue litigation in order to protect the rights of our clients. If your business or construction project has encountered environmental law problems, our law group provides strategic solutions for enforcement actions and identifies opportunities related to environmental law and policy.

Environmental Law and the Resource Conservation and Recovery Act

Enacted in 1976, most Resource Conservation and Recovery Act requirements are not industry-specific but apply to any company that generates, transports, treats, stores, or disposes of hazardous waste. DiJulio Law Group has helped effectively defend many Resource Conservation and Recovery Act (RCRA) enforcement actions.

The objectives of the RCRA are to protect human health and the environment from the potential hazards of waste disposal, to conserve energy and natural resources, to reduce the amount of waste generated, and to ensure that wastes are managed in an environmentally sound manner. RCRA regulates the management of solid waste (e.g., garbage), hazardous waste, and underground storage tanks holding petroleum products or certain chemicals.

In defending many Resource Conservation and Recovery Act (RCRA) enforcement actions, we often have obtained dismissal of claims or substantially reduced penalties. We have also represented many companies in numerous air quality enforcement cases and other environmental problems. The DiJulio Law Group is lead by David DiJulio, holder of a master’s degree in environmental science.

DiJulio Law Group
https://www.dijuliolawgroup.com

Legal Issues for Condominium and Homeowners Associations

Residential , ,

…these homeowners associations often comes with extensive and complex rules

In southern California, condominium and homeowners associations have become an integral aspect of residential ownership for many people. Ownership under these associations often comes with extensive and complex rules. There may be rules that govern everything from where you can park, how expensive your assessments can be, what items your assessments can cover, and or whether you can display holiday lights or a flag. As a result, legal guidance from a qualified condominium or homeowners’ association attorney is well advised in order to understand your legal rights and responsibilities.

There are many areas of association business that require qualified legal advice such as document amendments, collections, contracts, rules, governance, and other such legal issues that will arise.

Assessment revenue provides necessary funding

Assessment revenue provides necessary funding for community associations. The legal obligation to collect delinquent assessments is the duty of the association’s Executive Board, Board of Managers, Trustees or a Board of Directors. This function is vital in order to protect the interests of the association as well as the property values of its members. The ongoing maintenance of the common areas, units or homes in the development helps maintain property values. However, it can be difficult to enforce at times and just one uncooperative owner can detract from the overall appearance of the development and substantially lower property values.

…increasingly defined in litigation

Homeowners and their community association relationships have been increasingly defined in litigation in recent years, due to the rapid growth of association governed communities and the issues being presented to the courts. Disputes that cannot be effectively resolved through mediation and non-judicial measures may require litigation.

Small Claims Court for Resolution of Some Issues

There are matters that may arise matters that don’t justify the need of legal counsel, or the expense to achieve an acceptable resolution. Some associations employ Small Claims Court to resolve issues relating to the collection of fines and delinquent assessments.

DiJulio Law Group
https://www.dijuliolawgroup.com

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