Articles Tagged with personal property

underwood-what-is-real-property-300x300Under California’s Civil Code, real property refers to land, and things affixed to land such as houses. (Civ. Code § 658.) When people think of “property” they may envision a large lake house or a humble home. But this is only one type of property – real property. Personal property, on the other hand, is a broad term that encompasses property rights in basically everything else. A patent is property, and so are the apples that grow on trees in someone’s back yard, and so are the pipes and plumbing that run underneath someone’s house. 

But these property rights do not all fall into the same bucket. And when someone is selling a home, for instance, it’s important to know what property belongs to the seller (what are they allowed to take with them) and what belongs to the buyer (what must the sellers leave behind). 

In these situations, the right attorney can make all the difference. At Underwood Law Firm, our attorneys are well-versed in property law and partition actions, and are here to help you get the answers and assistance you need. 

underwood-responsible-injuries-joint-property-300x300Generally, every owner of property is liable for injuries on their property when it is not in a reasonably safe condition. (Cody F. v. Falletti (2001) 92 Cal.App.4th 1232.) If a party was a coowner and jointly in possession of the premises, they would be equally responsible for the condition of the premises and equally liable for injury. (Mayo v. White (1986) 178 Cal.App.3d 1083. 

Civil Code section 1714 states that everyone is responsible for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.

Even if someone has a small interest in the property and they exercise no control over the management of the property, they still will be liable. (Davert v. Larson (1985) 163 Cal.App.3d 407.) This is because the courts believe relieving individual owners in common of liability would eliminate any motivation of any party to exercise due care in the management and control of commonly owned property. (Id.) Therefore, owners may then be found to be “jointly and severally liable” for a person’s injury. 

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