Real Estate Lawyers in Berkeley

California 1031 like-kind exchanges defer capital gains tax on real-estate sales when proceeds reinvest in similar property — strict 45/180-day deadlines + qualified intermediary required.

California adverse possession requires 5 years (must also pay all property taxes) of continuous, open, hostile, exclusive, and notorious possession.

California property boundary disputes are resolved through surveys, deeds, adverse possession, acquiescence, or boundary-line agreements — but they're often more about neighbors than law.

California construction defect claims are governed by statutes of repose (typically 6-15 years from substantial completion), pre-suit notice requirements, and warranty rules — but homeowners have real remedies if they act quickly.

California earnest money deposits: 1-3% typical (often higher in competitive markets). The deposit shows good faith and gives the buyer skin in the game; held in escrow until closing or contract termination.

California easements give one party the right to use another's land for a specific purpose — utilities, access, drainage, conservation. Created by deed, prescription, necessity, or implication.

California fair housing law — federal Fair Housing Act + state law — protects against discrimination in renting + buying based on race, color, religion, sex, national origin, disability, familial status, and (state-dependent) sexual orientation, source of income, etc.

California foreclosure: Non-judicial. Typical timeline: 120-200 days.

California HOAs are governed by recorded covenants/declarations and Davis-Stirling Common Interest Development Act . Disputes commonly involve assessments, architectural-control decisions, rule enforcement, and board governance.

California has TWO different homestead exemptions: one for property taxes and a separate one that protects equity from creditors.

California eviction (non-payment): 3-day pay-or-quit. Typical timeline: 45-90 days; AB 1482 statewide rent control + just-cause requirements significantly slow no-fault evictions. Tenant-friendly posture overall.

California lis pendens — recorded notice of pending litigation affecting real property — clouds title and stops sales until resolved. Powerful but limited to specific claims about the property itself.