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Lowe v. Double L Properties Inc.
Servient estate holder may not interfere with mere increase in use, but may resist attempted change in use by dominant estate holder.
Real Property Apr. 16, 2001
Union Pacific Railroad Co. v. City of Atoka
Opinion
Real Property Mar. 28, 2001
City of Casa Grande v. Arizona Water Co.
City ordinance authorizing condemnation of private utility company's property conflicts with state law; acquisition requires vote approval first.
Real Property Mar. 21, 2001
Levitz Furniture Co. of the Pacific Inc. v. Wingtip Communications Inc.
Notice to pay rent is valid despite inclusion of rent due over one year because amount claimed was reasonable estimate.
Real Property Mar. 13, 2001
People v. Maldonado
Trial court does not misconstrue outdoor advertising statutes when facts demonstrate violation of applicable law.
Real Property Mar. 13, 2001
St. Jude's Co. v. Roaring Fork Club, L.P.
Owner of water ditch easement must be allowed access over servient property to repair and maintain ditch.
Real Property Mar. 6, 2001
Brush Grocery Kart, Inc. v. Sure Fine Market, Inc.
Buyer of property assumes risk of loss prior to title transfer regardless of possession of property.
Real Property Mar. 6, 2001
Lobato v. Taylor
Successors in interest to settlers of property not entitled to continued use for grazing and other purposes.
Real Property Mar. 2, 2001
1st Choice Bank v. Fisher Mechanical Contractors Inc.
Recording of deed of trust is sufficient notice to establish priority of lender over mechanics lien claimants.
Real Property Mar. 2, 2001
Dunne v. Shenandoah Homeowners Association
Covenants applicable to subdivision may not be revoked without consent of all property owners.
Real Property Mar. 2, 2001
6 Angels Inc. v. Stuart-Wright Mortgage Inc.
Foreclosure sale is not set aside because pricing error arose from trustee's own negligence.
Real Property Mar. 1, 2001
Aas v. Superior Court (The William Lyon Co.)
Homeowners can't claim pure economic loss damages or market 'stigma' damages in construction defect suit.
Real Property Mar. 1, 2001
Dreyfuss v. Union Bank of California
Lender can nonjudicially foreclose on multiple parcels of real property collateral without crediting debtor fair market value of each parcel.
Real Property Mar. 1, 2001
Regional Transportation District v. Outdoor Systems Inc.
Compensation owed to owner of billboard leases where property condemned for project funded with federal funds.
Real Property Mar. 1, 2001
McCormick v. Union Pacific Resources Co.
Deed reservation for "other minerals" includes oil and gas.
Real Property Mar. 1, 2001
Wilcox v. Clark
Prevailing party in action for forcible entry and detainer may be awarded attorney fees.
Real Property Mar. 1, 2001
Pegorare v. Wong
Creditor not required to exhaust security before personally suing debtor when debtor does not demand foreclosure during trail.
Real Property Feb. 28, 2001
HCZ Construction v. First Franklin Financial Corp.
Statute's requirement that a notice of pendency of action shall be filed within five days of action to foreclose mechanics' lien is mandatory.
Real Property Feb. 12, 2001
Keenen v. Biles
Although actual possession no longer issue, when property returned after landlord files special detainer action, judgment may still be rendered.
Real Property Jan. 9, 2001
Life Savings Bank v. Wilhelm
Bank is not excused from three month deadline in filing for deficiency judgment following foreclosure sale.
Real Property Nov. 30, 2000
Santa Margarita Area Residents Together v. San Luis Obispo County Board of Supervisors (Santa Margarita Limited)
Development agreements between County and landowner prior to fully-designed and approved project are permissible by statute.
Real Property Nov. 30, 2000
Schiavon v. Arnaudo Brothers
Secured interest in property that is reconveyed by trustee based on forged signature is not binding on bona fide purchaser for value.
Real Property Nov. 30, 2000
Van Wagner Communications Inc. v. City of Los Angeles
Spacing ordinance does not apply to billboard when it is not on same side of same street as existing billboard.
Real Property Nov. 30, 2000
Dreyfuss v. Union Bank of California
Antideficiency statutes don't apply to prevent bank from foreclosing on property without first determining its fair market value.
Real Property Nov. 29, 2000
The Burlington Northern v. Arizona Corporation Commission
Arizona Corporation Commission only has authority to establish public crossings when railroad tracks intersect with public, not private roads.
Real Property Nov. 20, 2000
Doenz v. Sheridan County
Order
Real Property Nov. 14, 2000
Pegorare v. Wong
Creditor not required to exhaust security before personally suing debtor when debtor does not demand foreclosure during trail.
Real Property Nov. 8, 2000
Chevron USA Inc. v. Cayetano
Rent-control statute that limits oil company's ability to lease gas stations may be constitutional.
Real Property Nov. 3, 2000
Burbank-Glendale-Pasadena Airport Authority v. Hensler
Cities properly delegate their eminent domain powers to airport authority for purpose of obtaining property for airport expansion.
Real Property Nov. 3, 2000
Friends of Davis v. City of Davis
City is not required to conduct tenant approval or environmental review when granting building permit.
Real Property Nov. 3, 2000