A standard real estate form known as the Property Information Sheet may create legal problems if not used properly by commercial real estate brokers.

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A recent decision regarding commercial property in Orange County, California addressed one rare situation in which payment of property taxes may be required to establish a prescriptive easement.

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Even California’s bent towards environmental protection could not prevent a court from agreeing that even trees may qualify as an unlawful “spite fence” in California. A “Spite Fence,” which may be prohibited by court order under California law, is defined as “[a]ny . . . structure” over 10 feet that was “maliciously erected or maintained for the purpose of annoying [a neighbor].”

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California law imposes a duty on home buyers to perform inspections and charges them with knowledge of conditions that are patent and obvious.

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Proposed California laws will increase the liability of those persons who prepare real property valuations, opine on the value of real property or influence appraisers.

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