Articles by: Paul G. Carey

Prop 65 Lawsuit – Where Are We, How Did We Get Here And Where To Now?

You have seen the signs all over California; they exist on parking garages, gas stations, office buildings and convenience stores: “Warning, this area contains a chemical known to cause cancer or birth defects.” These signs exist because of Prop 65, which California voters enacted in 1986. It was originally presented as a way to prevent […]

Wine Industry Lawsuits: How to Avoid Them

No one expects to have to go to court when they start a business deal or venture, or when they plant a vineyard or purchase real estate, but in today’s world no industry is free from lawsuits, particularly not the wine industry. Disputes over grape purchase agreements (duration, termination, quality standards, etc.), vineyard development agreements […]

Vineyard Property:The Not So Common Sense of Preventing Prescriptive Easments – Part II

This is the second part of a two part post discussing prescriptive easements. Last time we talked about how one of two neighbors (“Joe”) should be careful not to compromise or lose his claim to a prescriptive easement to continue using a road on his neighbor’s (“Jane’s”) property by using not so common, common sense. This time […]

Vineyard Property: The Not So Common Sense of Prescriptive Easements – Part I

This is the first part of a two part post discussing prescriptive easements. Common sense – that’s what guides most of us, most of the time, and that’s a good thing. However, when it comes to protecting property rights, common sense solutions can sometimes be dangerous. This is because some rules of property law are counterintuitive, […]