Real Estate Law Blog
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What Are My Rights If My View is Obstructed by a Tree?
This is a story about a tree and two Pacific Heights neighbors who had to settle their differences in court after one upslope neighbor’s panoramic view of San Francisco Bay and its landmarks disappeared. It is a cautionary tale for anyone who wishes to challenge the San Francisco Tree Dispute Resolution Ordinance. It is also an example of how contentious legal battles can involve costly and bitter resolutions.
What is a Prescriptive Easement?
One meaning of the word prescriptive is “a right having become legally accepted or established by usage over a period of time.” An easement in legal terms is a “right to cross or otherwise use a piece of property for a specified purpose.” Samples of prescriptive...
What is Adverse Possession?
You may not have heard the term, but you know about it if you are familiar with the word “squatting.” Adverse possession occurs when a party takes over a residence or a piece of property that does not belong to them. Squatters do not have legal permission of the...
What Should Small Condominium HOAs Avoid?
We tend to think of HOAs (Home Owner Associations) as governing bodies for newer subdivisions and large developments with shared amenities and costs. In these places, HOA membership is mandatory for homeowners, as are monthly dues. HOA dues are disclosed when...
What is Title Fraud?
Just like cars, homes have titles which are documents showing proof of ownership. If you are making mortgage payments and do not yet fully own your home, the title is held by the lender. When you make the final payment, the title to your home will belong to you. When...
What Should You Know About Escrow Companies?
You will most likely encounter an escrow company or process, when you buy or sell a home. An escrow company provides a neutral third party that acts like a secure holding place for funds “in play” during a property sale. While the funds are secured in a safe place,...
If the buyer finds problems in the home that were not disclosed; contact an experienced real estate attorney before making repairs
What happens if you discover serious problems with your newly purchased home? Consider situations like these: You notice a consistent foul odor in your home, and discover a 20-year-old unpermitted bathroom addition has an improperly installed sump pump vent requiring...
What Should You Know About Arbitration When You Buy a Home?
In the previous blog post we covered basic guidelines for reading home purchase agreements carefully. Now we’ll explore four potential landmines for buyers if the fine print is not clearly understood. Most real estate transactions go smoothly, but issues like breach...
Review Your Home Purchase and Sale Agreement Before The Seller Signs It
For most people, buying a single family home or condominium is the largest purchase they will make in their lifetime. The purchase agreement is the contract signed by both the buyer and the seller. It is the document that legally formalizes the transaction and...
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Mary Catherine Wiederhold
Real Estate Attorney
1458 Sutter Street
San Francisco, CA 94109
(415) 533-0735
(415) 843-0496Our offices are conveniently accessible to public transportation.
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