At The Law Office of Robert M. Baskin, our team of highly experienced lawyers has been successfully representing clients in a broad range of Real Estate matters since 1975. Devoted to providing the highest quality legal representation, our attorneys are skilled, result-oriented litigators.
Real Estate Contracts
Misunderstandings between parties to real estate contracts are a frequent cause of disputes. When entering into either a commercial or residential lease or buy/sell agreement, it is imperative that all parties to the contract possess a clear understanding of their duties and obligations.
For the contract to be valid, all parties entering into the contract must have the same underlying intentions and common perception of what they are doing. Differing intentions and understandings typically result in a finding that no contract was formed.
While many cases may be settled out of court, at times it is virtually impossible to help the parties reach mutually beneficial settlement terms. Litigation may be unavoidable. An experienced real estate lawyer will fight to protect your interests, from the discovery phase all the way through to a verdict.
Real Estate Construction Disputes
Whether you are a property owner, a contractor or a sub-contractor, construction disputes are common. Disputes may arise because of numerous issues, such as work not being completed in a timely manner pursuant to the terms of the contract, substandard quality, or failure to ensure compliance with local building codes, land use regulations and zoning laws. These disputes may result in costly, time-consuming litigation between the parties.
Based on how the industry operates, there may be numerous parties involved in construction disputes. Due to the sheer number of litigants who can become involved in a single case, these matters may become extremely complicated very quickly. Contact a seasoned real estate litigation attorney as soon as you fear that a breach of contract is imminent. Taking quick action will safeguard your interests and may help ensure your dispute is resolved more rapidly and favorably than if you are forced into litigation.
Easements
An easement allows individuals access to utilize or be present on another’s property for a specific purpose. There are several types of easements that are recognized under California law. These include:
1. Express Easements – This easement is created when the owner of the encumbered property expressly grants permission to another to be on their land. Express easements must be in writing.
2. Easement by Necessity – These easements are created when one property owner must cross another’s to access their land, home or business and there aren’t any public access roads in place.
3. Implied Easements – If a property is landlocked with no reasonable means of accessing it without crossing another’s land, the easement is implied.
4. Easement by Prescription – These easements are created when one party has been utilizing a piece of property of another for at least five years. Several other conditions must be met for this easement to be created.
In addition to the four easements listed above, public, and private utility companies also have the right to access property to make necessary repairs, install new equipment, or to conduct regular maintenance.
Eminent Domain
Eminent Domain (also called “condemnation”) is a legal process provided for in the U.S. Constitution under the Fifth Amendment that allows a governmental agency to take private property for public use in return for just compensation. The power to exercise the right of eminent domain exists at all levels of government – local, state and federal. Additionally, governmental agencies such as the Fish & Wildlife Service, the U.S. Forest Service, and local public works departments possess the right to exercise eminent domain.
As soon as you receive notification that your property has been marked for condemnation via eminent domain, you’ll need a seasoned litigator to fight zealously to preserve and protect your interests.
Zoning and Land Use
Zoning and land use laws may have a drastic impact on your intended use of any commercial, industrial or residential property which you purchase. These matters typically tend to come up with regards to new construction.
The best way to ensure compliance is to understand the local zoning and land use ordinances in your area prior to starting any new construction projects. Failure to do so may result in an inability to utilize your property in the manner which you intended. Additionally, local municipalities may make changes to their zoning and land use ordinances that have rendered an already existing property or business unusable. This may not only result in a loss of income if your business is impacted, it may seriously hinder your ability to use your property in any meaningful way.
Seeking Assistance from an Experienced Real Estate Litigation Attorney
If you are presently involved in a real estate dispute, please contact our Real Estate Litigation Lawyers at The Law Offices of Robert M. Baskin by calling (805) 658-1000. We will schedule an appointment for you to meet with one of our professional, experienced attorneys for an in-depth consultation.
