California real estate laws deal primarily with the ownership of land. California real property law education and training should include recognition of the most important classifications of real property. These include concurrent estates, freehold estates and non-freehold estates.

The state generally has exclusive jurisdiction over the land according to California law. Property laws in California are not subject to federal law for the most part. There are three phases to an attorney’s education on real property laws in California:

1. Formal education. A California real estate attorney should at least have a Juris Doctor (J.D.) degree. The J.D. degree should come from a law school that is accredited by the American Bar Association (ABA).
2. Specialization. Attorneys frequently choose to specialize by taking specific training in real property law in California. These courses may be taken as a program of concentration in law school or as Continuing Legal Education (CLE).
3. Membership in professional organizations. There are many legal organizations for attorneys who practice real property law. These may be bar associations, organizations for a particular cause or groups exclusively for practicing real estate attorneys.
   

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Attend a law school that specializes in CA real estate laws

There are a variety of universities in California that provide training in real property law, such as specific coursework, a formal concentration or legal clinics.

I recommend: UCLA School of Law includes courses on property law in its first year curriculum. Stanford University Law School offers courses on constitutional property law to second and third year students.

Obtain CLE credit for a California property attorney

California requires attorneys to stay current on changes in employment law with CLE courses. There are a variety of education and training programs in California that provide CLE credit in real property law.

I recommend: Continuing Education of the Bar — California provides a variety of courses that provide CLE credit on property law in California. The State Bar of California has a real property law section that has CLE courses on property law.

Learn through professional training associations on California property law

Professional associations frequently offer formal training such as conferences, seminars and workshops in employment and labor law. These organizations also provide more casual meetings that allow attorneys to exchange tips on building and maintaining a practice.

I recommend: The Bar Association of San Francisco keeps a calendar of events on real property law in California. The San Bernardino County Bar Association offers a variety of training in real estate law in California.

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• •  A California real estate lawyer may also wish to specialize in a particular type of real property to provide better service for their clients. For example, an attorney may learn about the specific property laws on farming in order to build a practice around agricultural property.

Few business owners have the time necessary to fully understand California real property law. Fortunately, many qualified California real estate attorneys can help you navigate the waters.

There are many things that business owners must know about California law. Property insurance, for example, is a necessity. You must also make sure that you can conduct the kind of business you want in the property that you purchase or rent.

When it comes to finding a California real estate attorney:

1. Understand the pricing structure before hiring a California property attorney. Some lawyers charge a monthly retainer fee while others charge on an as-needed basis. Depending on your business, one of those options will be more economical.

2. There are some tasks that you may be able to do without a California real estate lawyer. If you are concerned about your budget, ask a lawyer what you can do to lower the costs.

3. Even if you perform some tasks by yourself, you should still let a lawyer take care of major transactions such as purchasing or selling property. This can prevent someone from taking legal action against you in the future.

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Take initiative and learn about California real estate law on your own

Do what you can to make sure that you have a good understanding of the California property law basics. Even if you hire a lawyer, it's best if you stay up to date on current information.

I recommend: The California Department of Real Estate has a wealth of information pertaining to California real property law, including a complete list of forms you may need for transactions. Some California real estate lawyers keep convenient FAQs and information on their website for you to review, like the Law Offices of Kenny Tan in southern California. Weblocator also provides some basic information on California commercial real estate laws.

Hire an attorney that specializes in California property law

When it comes to making major decisions about your property, it's best to know that you have a lawyer that's on your side. This can make you feel confident that you are always getting the best deal in your transactions.

I recommend: Browse through the California real estate lawyers on Lawyers.com. Another good option is to go through the California State Bar to find a qualified lawyer in your area.

Find a construction lawyer that understands California real estate laws

If you are planning to build on a property or make renovations to an existing property, there are laws that you need to follow. A construction lawyer can help you to make the property changes that you want while staying within the law.

I recommend: Last & Faoro are San Francisco Bay Area attorneys that specialize in construction law. O'Rourke, Fong & Manoukian also specialize in construction law. They are in Southern California.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  California property law is a wide topic and most lawyers specialize in a sub-area of real estate law, such as commercial, industrial or agricultural real estate law. Make sure that you choose a lawyer with experience in your industry.

California real property law, or real estate law, deals with determining property use and the types of ownership that apply to real property. Real property law in California can be complicated. The best way to start is to understand the basic categories of ownership and land use, then learn more specific laws under those categories. The following terms will help you get started with basic land use and ownership types that California real property law deals with.

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Zoning and variance permits

Zoning regulations are set by local government to control how real property can best be used for the overall community. They must include residential, commercial, industrial and agricultural interests. Variance permits, or conditional use permits, make exceptions for property use if local government is convinced that the use will benefit the community.

I recommend: More detail on these permits can be found from the California Department of Real Estate.

Tenancy in common, or TIC

Tenancy in common is one type of real estate co-ownership. In this case, co-owners share the right to sell or put an encumbrance on the real property. Right of survivorship is not a trait of tenants in common. When a tenant in common dies, the ownership interest passes to his heirs as part of the estate.

I recommend: Exeter 1031 Exchange Services has a good explanation of tenancy in common.

Joint tenancy

Joint tenancy is another type of real estate co-ownership. Each owner has the right to sell, posses or put an encumbrance on the entire property. The right of survivorship applies in joint tenancy. When one owner dies, the remaining joint tenants split the deceased share equally. In this way, joint tenancy helps avoid probate and estate taxes for the surviving joint tenant or tenants.

I recommend: JurisDocuments offers a brief explanation of the term, and a copy of a joint tenancy grant deed and other types of California grant deeds.

Community property

Community property is a type of holding that a married couples can have in California. The basic community property rule of thumb is that any real property purchased in the state of California during a marriage is community property. Property owned before a marriage, or property received as a gift or an inheritance, does not apply.

I recommend: The California Bar Real Property Journal has a good explanation of the types of real property holdings in the state of California.

Land use laws

Land use laws go above and beyond zoning laws. Land use laws can determine how a structure may be built, as well as its size and where it might be located on a property. Building codes and certificates of occupancy that allow legal occupation are a couple of examples of land use regulations.

I recommend: The California Land Use Planning Information Network has everything you need to discover the applicable zoning ordinances and land use laws for real property in California.

Assessment and special assessments

An assessment is how the state determines what taxes are due on a property. The value of the home is assessed, but this is not necessarily the property's true market value. A special assessment is when a tax is levied to cover the cost of improvements that add property value. Special assessments are commonly done after street resurfacing, sidewalk repair or street lighting installation.

I recommend: Weblocater has a guide to California commercial real estate law.