Yearly Archives: 2020

Legal Parcels of Land

Many property owners, or others, can determine the boundaries of a property with somewhat relative certainly based on the fences and streets around a property. Excluding easements, encroachments, and other encumbrances’ which affect the use of a property, how can one determine the true boundaries of a subject property with certainty? What follows does not look at the ownership of land or the use thereof, but rather the creation of the lot or parcel you determine is your subject property. First and foremost, a “legal parcel” of land is one […]

Read More

COPYRIGHT LAWS

It is probably fair to say they nearly every religious service plays music or sings songs that they did not write. In today’s digital world, information can be obtained from the internet such as music, lyrics, graphics, and pictures with ease. In doing so, few if any think of the possible ramifications of infringing upon the copyrights of another. What follows is a brief synopsis of the rules of law which pertain to the use of copyrighted materials during church services and may not apply to Sunday School or other […]

Read More

COVID-19: Places of Worship and Providers of Religious Services and Cultural Ceremonies

The following was obtained from and provided by the State of California, the California Department of Public Health and the California Department of Industrial Relations.   Purpose: This document provides guidance for places of worship and providers of religious services and cultural ceremonies (referred to collectively as “places of worship”) to support a safe, clean environment for employees, interns and trainees, volunteers, scholars, and all other types of workers (referred to collectively as “staff”) as well as congregants, worshipers, visitors, etc. (referred to collectively as “visitors” or “congregants”). This guidance […]

Read More

600MHz Wireless Microphone Band

The FCC has issued new rules which take effect on July 13, 2020, that will require you to cease the use of wireless microphones that operate in the 600 MHz service band. This may result in some equipment changes for churches, schools, and other users of such devices. Background: To meet the increasing demand for wireless broadband services nationwide, the FCC recently auctioned spectrum that had been licensed to broadcast television stations. As a result,  the availability of spectrum for wireless microphone operation on the 600 MHz frequencies, specifically the […]

Read More

Incorrect Deeds

As most people are familiar, a deed is used in the transferring of ownership in one piece of land to another. Fewer are aware of the effect the recording of a deed has on the property. Arguably, the transfer of title from one to another is not an exact science. The purpose here is to address deeds in which the owner of record is incorrect, usually in the manner in which the Grantee (owner)  is named, i.e. such as the name of  a corporation holding title/ownership. This article does not […]

Read More

Churches and For-Profit Tenants

It often becomes necessary for a church to seek out tenants in order to meet the financial needs of the congregation. Some are happy to open their doors to other churches, while other desire schools or other groups to make better use of their facilities. Regardless of the approach, the type of tenant sought after can make a world of difference regarding your property taxes, especially if the tenant is a for-profit organization. The following is a brief overview and the proper professional should be consulted as the laws in […]

Read More

Residential and Commercial Eviction Limitations and Moratoriums During the COVID-19

The following information was provided by the California Business, Consumer Services, and Housing Agency. This guidance is directed to landlords regarding eviction of tenants during the COVID-19 pandemic and to local jurisdictions considering instituting restrictions or moratoriums on residential or commercial evictions as a means of offering relief to individuals or business affected by the pandemic. Background: COVID-19 is a respiratory illness caused by a novel virus that has been spreading worldwide. Community-acquired cases have now been confirmed in California. We are gaining more understanding of COVID-19’s epidemiology, clinical course, […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More