Real Estate Litigation
Real Property in California.
Quiet title, partition, easement, boundary, construction defect, and landlord-tenant matters across California.
California Real Property Litigation
What This Means For You — Plain-Language Overview
If you own land, lease space, share a wall, sit on an HOA board, or built (or bought) a house in California, you are touching one of the most rule-laden bodies of law in the state. California real property litigation is not a single discipline — it is a cluster of statutes, doctrines, and equitable rules that overlap and occasionally collide. A driveway dispute can become a quiet title case. A divorce can become a partition. A leaky window can trigger a statutory construction-defect process before a lawsuit is even allowed. A rent increase can violate three separate laws at once.
This memo gives Grand Park Law Group ("GPLG") a working map. For clients, the headlines are these:
- Real property disputes are deadline-driven. Lis pendens recordings, statutes of limitations on adverse possession (five years), and the Right to Repair Act's pre-litigation timelines can foreclose rights before a complaint is even drafted.
- California favors the resolution of title. Quiet title is a powerful, in rem remedy — but it must be verified and meticulously pleaded.
- Partition is, in most cases, an absolute right. Cotenants who cannot agree are entitled to force a sale or division, subject to a narrow set of equitable adjustments and, for inherited family property, the Uniform Partition of Heirs Property Act.
- Construction defect litigation is a regulated process. The Right to Repair Act (SB 800) creates an exclusive, notice-and-cure regime for most post-2003 residential construction.
- Tenant protections have multiplied. AB 1482 (statewide), the Ellis Act, and a patchwork of local ordinances govern almost every residential tenancy in coastal California.
- HOAs are governed by the Davis-Stirling Act and a growing body of anti-SLAPP and architectural-review case law that disciplines both boards and members.
The remainder of this memo is for GPLG attorneys. It assumes familiarity with California civil procedure but flags the points most often missed.
Recent Developments
Our annual reviews track the most significant legislative, regulatory, and judicial developments in California real property law.
Related Insights & Key Terms
The following doctrines analyzed in this memo are covered in depth in our Insights library.
Legal Analysis Library
Detailed analysis of real property disputes, title, easements, CEQA, SB 9, and HOA law in California.
Quiet Title Actions (CCP §§ 760.010–764.080)
I. Quiet Title Actions ( CCP §§ 760.010–764.080 ) A quiet title action establishes title to real property against adverse claims.
Read Analysis PDFPartition (CCP §§ 872.210–874.323)
II. Partition ( CCP §§ 872.210–874.323 ) Partition is the statutory remedy by which cotenants of real property compel division or sale.
Read Analysis PDFEasements, Boundaries, and Encroachments
III. Easements, Boundaries, and Encroachments A.
Read Analysis PDFConstruction Defect Litigation
IV. Construction Defect Litigation A. The Right to Repair Act ( Civ.
Read Analysis PDFLandlord-Tenant Litigation
V. Landlord-Tenant Litigation A. The Tenant Protection Act ( Civ.
Read Analysis PDFHOA / CC&R Disputes
VI. HOA / CC&R Disputes A. Davis-Stirling Common Interest Development Act ( Civ.
Read Analysis PDFPractice Pointers
VII. Practice Pointers Verify quiet title complaints; pick the title date deliberately.
Read Analysis PDFAuthorities Table
VIII. Authorities Table Statutes Citation Subject Cal.
Read Analysis PDFTheories of Liability & Common Defenses
Theories of Liability & Common Defenses Plaintiff's Theories of Liability Quiet Title CCP § 760.010 et seq.
Read Analysis PDFNeed Real Property Counsel in California?
Contact us for a confidential consultation. We respond within one business day.
Free ConsultationThis page is general legal information, not legal advice. Reading or contacting us does not create an attorney–client relationship. Past results do not guarantee future outcomes.