Private: TERRA TERROIR

2015 Laws Affecting Real Estate

As the last quarter of 2014 looms before us, our California Legislature, spurred on by real estate interest groups including the California Association of Realtors, has been busy implementing and sponsoring new legislation that either directly or indirectly affects real estate in California.  Below are some of the new laws that will take effect on […]

Napa Lot Line Adjustments and Involuntary Mergers

By Tom Adams and Mark Phillips The Napa County Public Works Department is in the process of preparing amendments to the Subdivision and Zoning Ordinance as it relates to lot line adjustments and certificates of compliance. The changes originally proposed by staff were minor and did not warrant comments. However, during the “stakeholder” review of the changes, the […]

DP&F’s Operations Update

Like many of our clients, DP&F’s Napa offices were damaged during Sunday’s earthquake. Although our attorneys now have full access to email and voice-mail, the best way to reach our non-attorneys is still over the phone. To contact us, please send your attorney an email or call 707.524.7000, and we’ll put you in touch with […]

Groundwater Legislation Not Sinking

As California’s severe drought deepens legislation moves upstream in Sacramento regarding groundwater.  Historically the State of California has not had jurisdiction over groundwater, but with serious groundwater depletion issues in most of the key agricultural regions exacerbated by this historic drought, the current is now sweeping us all toward State oversight of this precious resource.  […]

Sellers Beware: Disclosure Requirements Expanded

In March 2014 we provided warning that new seller disclosure requirements would become effective July 1, 2014.  These expanded disclosure obligations are now in effect.  Sellers of single family residential property must now disclose certain construction defect claims.  A new Transfer Disclosure Statement expanding the disclosure obligation of sellers of single family residences, defined as […]

Update on Horiike v. Coldwell Banker

In a unanimous decision, the California Supreme Court granted review of Horiike v. Coldwell Banker, S218734.  The appellate court upheld the decision of the trial court that two different salespersons within the same brokerage, one representing the seller and one the buyer, were dual agents, and that the seller’s agent owed fiduciary duties to the […]

Seller’s Disclosure Obligation Further Expanded

Sellers of single-family residential real property in California are required by law to provide a real estate transfer disclosure statement, with certain limited exceptions. The contents of this disclosure are specificed by law. (California Civil Code, Section 1102.) Beginning July 1, 2014, a seller’s disclosure obligation in connection with the sale of a single-family (one […]

Adjoining Landowners

Under California law, adjoining landowners, those with properties contiguous or in contact with each other, share equally the responsibility for maintaining boundaries and monuments between them. Adjoining landowners are actually presumed to share an equal benefit from any fence dividing their respective properties, and unless otherwise agreed in writing, are also presumed to be equally […]

Good News for Homeowners Requiring Flood Insurance

On March 4, 2014, the United States House of Representatives, in a 306 to 91 vote, passed H.R. 3370 aimed at scaling back the grossly escalated premiums for government-sponsored  flood insurance.  Supporters of the legislation applaud this action saying it will stem the effects of the ill-conceived increase in premiums and reinvigorate real estate markets […]

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