Yearly Archives: 2018

Home / 2018

General Liability Insurance

BlogrollAdditional insured, Construction, Indemnity, Liability insurance, Tenant, Waiver of Subrogation, Workers' Compensation

Nearly all agreements which involve the use of real property require liability insurance in one form or another. Once we get through the general terms of use, most of the questions I receive come in the area of insurance. Insurance requirements are often the most misunderstood and over-looked areas of real property. What follows is a simplified explanation intended to answer to most-often asked questions relating to real property. Insurance Requirements: The simple truth is that requiring a tenant or other user of your property to have insurance serves the […]

Property Tax Assessments

BlogrollAd Valorem Tax, Appraisal, change of ownership, Living Trust, Property Tax Appeal, Reassessment

As a general rule, real property in California is reappraised for tax assessment purposes when there is a change of ownership, new construction, or the market value declines below the previously assessed value. However, in the nonprofit world of real property, a reassessment may also occur due to a loss of a Church, Religious, or Welfare exemption. Although these exemptions are explained in another article, their affects can greatly impact your property tax assessment. Otherwise, the assessed value of the property will increase by no more than 2% per year. […]

Special Use Appraisals

Blogroll1031 Exchanges, Ad Valorem Tax, Appraisal, Certified General Appraisal, Eminent Domain, Inverse Condemnation

The Special Use Property Appraisal (With insertions of opinion as to the appraisal of a religious property) The California Bureau of Real Estate Appraisers Practice Act defines an appraisal the act or process of developing an opinion of value for real property, and does not include an opinion given by a real estate licensee or engineer or land surveyor in the ordinary course of his or her business. The standards used within the appraisal profession are set forth in the Uniform Standards of Professional Appraisal Practice (USPAP) which were developed […]

Solar Panels

BlogrollChurch for Sale, Church property, Church Real Estate, Church Real Estate Broker, Church roof, Religious Property. Solar Panels

Solar Panels and the Church Solar panels on church roofs are becoming more and more popular. For starters, the electricity bill at any given church can be astronomical, especially in the summer. Churches are often looking to cut cost in order to be good stewards of their property and finances. Saving money, and possibly profiting from solar panels may be a good alternative, but there are always risk involved. Cost: Always of primary concern, one must consider the cost of taking advantage of a large roof area in order to […]

Conditional Use Permits

BlogrollChurch for Rent, Church for Sale, Church Lease, Church Market, Church property, Church Real Estate, Nonprofit Corporation, Property Management, religious property, Religious use, Tax Exemption

Conditional Use Permits As with most things in real estate, especially when dealing with Special Use Property, it all comes down to highest and best use. Both of which have their roots in the zoning ordinances. In other words, what uses are permitted on the property. Sometimes a Special Use property is permitted by right, or “Grandfathered”. Other times, a Conditional Use Permit is required. Although a permit sounds simple enough, don’t let the name fool you. A Conditional Use Permit can be a long and expensive process with no […]

What is Escrow?

Blogroll1031 Exchange, Escrow, Escrow Agent, Purachse Agreement, Title Insurance, Title Report

The Escrow Process There often seems to be some confusion as to what and Escrow is and how it functions in regard to the sale of a property. What follows is a brief description of the Escrow Process and how it works. In short, an Escrow is the process in which a Buyer and Seller use a neutral third party for the delivery, safekeeping, and disbursement of documents, and funds. This third-party intermediary acts under agreed written instructions from both parties (not just one party), and will not act until […]

Holding Title to Real Property

BlogrollCommunity Property, Deed, Joint Tenancy, Real Property, Right of survivorship, Tenants in Common, title, Trust, Vestig

Title in Real Property The purpose of this article is to make you aware of the many different ways in title in real property may be held or vested. Although there are many different means in which one can have an interest in land, such as Fee (Simple, Absolute, Determinable), Life Estate, or Future Interest, I will try not to bore with such, yet alone the Rule Against Perpetuities. Title to real property in California may be held by individuals, either in Sole Ownership or by more than one party. […]

What Defines a Church?

BlogrollChurch, Eminent Domain, Eviction, Religious use, RLUIPA, Variance, zoning

Defining a Church? What is a Church? Recently, a potential buyer approached a City Planner asking what their Temple could and could not do on a particular piece of property. A disagreement arose between them as the person at the City kept referring to Church use, while the interested party kept trying to correct them in stating that they were not a Church, but a Temple. The question arose as to what is a church and how does it affect property use? The dictionary doesn’t help much when it defines […]