Real Property / Partition / Easements / Neighbor Disputes
Quiet title action for, inter alia, imposition of an equitable lien by mortgage company trustee against residential property owner who applied to refinance her existing mortgage, but failed to disclose that she had simultaneously applied for a second deed of trust that ended up being recorded in first position (a practice referred to colloquially as “slamming”).
Quiet title action for prescriptive and equitable easement to a portion of an unmarked driveway. Defendant/adjacent landowner filed a cross-complaint for trespass. Case was complicated by the presence of a portion of an existing garage that encroached on the defendant’s property, which could not feasibly be moved or demolished.
Action for partition by sale filed by the wife of her deceased husband against his heirs. Plaintiff and her husband acquired the property as joint tenants before they were married. After they married, the husband purported to transfer his share to his children from another marriage.
Action by property owner against adjoining neighbor and arborist company for trespass and wrongful cutting of trees. Plaintiff was in and out of pro per status. Case involved significant law and motion practice, including several motions for summary judgment.