I just wanted to follow up briefly on my last blog post from a few weeks ago highlighting a local developer invoking SB 35 on a controversial project in Berkeley. Since then, another developer at a high profile proposed development, this one in Cupertino near the new Apple campus, has turned to SB 35 to…

I’ve included a link below to a recent article in the San Francisco Chronicle concerning a proposed development in Berkeley and the implications of the recently enacted SB 35 here in California. While this developer is one of the first to invoke the provisions of SB 35, this may become an increasingly popular tool for…

I consulted with a client this week concerning a few real property exchange/transfer issues, including potential application of Proposition 60. Given the robust real estate market in California, I would expect to see Proposition 60 applications rise for the foreseeable future as homeowners older than 55 years old seek to sell at the top of…

As virtually everyone knows by now, Congress passed and the President recently signed a comprehensive overhaul of the U.S. tax laws at the end of 2017. While all of the details are still being analyzed (the final bill was in excess of 1,100 pages) and we await clarification from the IRS on how several of…

One frequent topic of conversation with existing and prospective clients relates to the formation of corporate entities, whether corporations, limited liability companies, or partnerships, for risk avoidance and liability purposes. A recent situation underscored the importance of this issue. Several months ago, R&O established several single purpose LLC entities for a client to hold and…

I recently received a call from a prospective client who was planning to purchase an expensive parcel of real estate in Walnut Creek. While reviewing a final map and preliminary title report, she noticed several easements of record on the property and wondered what exactly an easement was, and what significance it would have on…

You want to purchase a 5-acre portion of vacant land from a seller, with the seller retaining the other 15 acres. Can you legally do it if all 20 acres are just one legal parcel? Many parties involved in real estate transactions understand that it is well settled in California that private parties cannot buy…

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