Yearly Archives: 2020

Commercial Property Disclosures

First and foremost, to know which disclosures apply, we must define the difference between residential and commercial real property in California. Although most municipalities define the different types of properties in their zoning code, the general definitions used are essentially the same.  Residential properties are generally those with one to four dwelling units, such as a single-family house or duplex. Although there are some nuances for mobile homes, and vacant land, for purposes of this article, commercial property is everything that is not residential property, including residential property consisting of […]

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Overhanging Trees

Trees located on or near property boundaries may not cause a problem when they are small. However, as they grow, tree branches, trunks, and roots can encroach upon or across your property. Although the common theory is that you can trim your neighbor’s tree branches back to the property line, that right is not absolute. For purposes of this article, it is helpful to have a basic understanding of tree ownership. The California Civil Code states that “trees whose trunks stand wholly upon the land of one owner belong exclusively […]

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What is a Power of Attorney

Although many have heard the term, it is important to understand what a power of attorney is. A power of attorney is important and comes in many different forms as part of estate planning. Understanding the limitations of each and how power of attorney best fits your needs now and in the future is vital. Defined: The California Probate Code Section sets forth the different types and limitations of a power of attorney. At its core, a Power of Attorney allows you to appoint an “attorney-in-fact” or agent, to act […]

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Principal and Agent

More often than not, a member of your congregation will volunteer to act on behalf of the church to complete a task. In doing so, a fine line is drawn with regard to that person’s responsibilities and liabilities. In the contractual sense, that volunteer may have curtain expressed or implied authority to act on behalf of the church (the principal), as its agent. In General: According to the California Civil Code, “An agent is one who represents another, called the principal, in dealings with third persons. Such representation is called […]

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Church Security

Over the past few years, there has been an alarming number of shootings conducted by those who wish to cause harm to others for one reason or another. In our current environment, churches must balance the open-door concept with that of a watchful eye on who is entering their facilities. Second only to spreading your beliefs to those who wish to learn, your church should take steps towards protecting those in attendance via security measures. Every member and volunteer has a role to play in the security of your church. […]

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