General Liability Insurance

Church Safety & ComplianceAdditional insured, 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 […]

Churches and Nonconforming Use

Property & Land UseConditional Use Permit, Grandfathered, Nonconforming Use, zoning

Two of the most common terms that we hear when working with churches are Conditional Use Permits and Grandfathered in. Although there seems to be a basic understanding of zoning and how it relates to a use being Grandfathered in, most need further explanation as to how it will affect their church in the future as a legal nonconforming use. Zoning: All property has an underlying or specific zone wherein the City or County has set forth in its General Plan for all zones within their jurisdiction. These zones indicate […]

Property Tax Assessments

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

Learn what triggers a property tax reassessment in California, including changes in ownership and new construction, plus key exclusions like living trusts and inter-family transfers.

Special Use Appraisals: Understanding Restricted Property Valuation

Church Real EstateAd Valorem Tax, Appraisal, Certified General Appraisal, Eminent Domain, Inverse Condemnation

Special use appraisals determine property value when a property’s use is restricted by zoning, nonprofit operations, or legal limitations, making accurate valuation essential. 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 […]

Solar Panels

Church Safety & ComplianceChurch for Sale, Church property, Church Real Estate, Church Real Estate Broker

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 […]

What is Escrow?

Church Real Estate1031 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

Legal GuidesCommunity Property, Deed, Joint Tenancy, Real Property, Right of survivorship, Tenants in Common, title, Trust

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?

Tax & ExemptionsChurch, 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 […]

Eminent Domain: 5 Things Churches Must Know

Church Real EstateAdverse Possession, Certified General Appraisal, Condemnation, Eminent Domain, Escrow, Inverse Condemnation, Nonconforming Use, Special Purpose Property, Unlawful Detainer

Eminent domain gives the government the power to take private property for public use — and church property isn’t exempt. Here’s how just compensation is calculated, why churches are especially hard to appraise, and what to do if your church is approached.

Yearly Archives: 2018