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How Floating Easements Can Impact Purchases

By Hoge Fenton | 11.5.2019 | Firm Post

A floating easement is a general right to use and/or enter another person’s property for a specific purpose. It allows access but does not clearly define the location and dimensions of the easement, so the owner can change the access route. Sometimes, this floating easement can become a permanently-located easement without the owner’s knowledge. This creates two problems: When property is newly acquired, the owner may believe that an easement is floating (no clear definition of location and dimension) when in fact the easement has become a permanently-located easement with a specific location and dimensions. It may not be possible to change the easement route. This may create a problem later on when the new owner tries to change the access. The existing owner may believe that an easement’s route can be adjusted when in fact it is now a permanently-located easement. The California Court of Appeal recently provided some clarity to this issue. Southern California Edison Company v. Steven Severns is unique in that the dispute was whether a floating easement right, which Southern California Edison Company (“SCE”) had, became a permanently located easement. This recent case provides a strong reminder of how seemingly innocent property situations can become complicated legal disputes with crucial deadlines. In the case, SCE previously placed electrical power poles on the involved property, which Severns acquired in 2006, pursuant to three recorded easements granted to SCE by previous landowners. While the location of the utility easements was expressly defined in the recorded instruments, the […]

Attorney Laura Riparbelli to Speak at the Santa County Legal Professional Association’s “Civil Discovery Practice and Procedures,” on November 19, 2019

By Hoge Fenton | 11.1.2019 | Speaking Engagements & Firm Events

Join us at our November membership meeting as Attorney Laura Riparbelli will present an informative program on discovery issues, many of which we face on a daily basis, such as the law on unverified discovery responses; responses to requests for production of documents; what to do when the responding party does not produce documents, necessitating a motion to compel, supplemental vs. amended responses, etc., and the all-important service and calendaring deadlines. Register and pay via PayPal* on our “Events” page at http://www.sccolpa.org. OR – RSVP via email at reservations.sccolpa@gmail.com. NOTE: Please put “SCCoLPA Reservations” in the title of your email. Make checks payable to “SCCoLPA.” Cash or checks accepted at the door. No refunds if reservation is canceled within 24 hours of the event. *$3 convenience fee added for PayPal/credit card payments This activity has been approved for minimum continuing legal education credit by the State Bar of California in the amount of 0.75 hours, of which 0.00 hours will apply to legal ethics, law practice management, prevention, detection, and treatment of substance abuse and emotional distress, or elimination of bias. SCCoLPA certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education.

Hoge Fenton’s Grace Carr Lee Named 2019 Boss of the Year

By Hoge Fenton | 11.1.2019 | Firm Post

Hoge Fenton is pleased to announce that our Executive Director, Grace Carr Lee, was named the Santa Clara County Legal Professionals Association’s Boss of the Year for 2019! Grace received the award on October 8, 2019 at the Annual Day in Court and Bosses’ Night held in San Jose. Grace is an active member of the Association of Legal Administrators, Silicon Valley Chapter. She also is a member of the Membership & Standards and Risk Management Committees of PilotLegis, the Legal Marketing Association, and the Santa Clara County Bar Association. Grace has been a member of Hoge Fenton’s administrative team since 1999. “Exceptional and passionate people make great companies,” said Managing Shareholder, Dan Ballesteros. “Grace’s passion and commitment to excellence have helped make Hoge Fenton a special firm for our clients and our employees. We are grateful for the valuable contributions she has made over the years, and congratulate Grace on this well-deserved honor.” For more about Grace, click here.

Hoge Fenton Shareholder, Sean Cottle to Speak at the SCCBA’s Opportunity Zones and Section 1031 Exchanges Panel on November 19, 2019

By Hoge Fenton | 10.30.2019 | Speaking Engagements & Firm Events

Qualified Opportunity Zones were created by the 2017 Tax Cuts and Jobs Act in order to spur economic development and job creation in distressed communities throughout the country by providing tax benefits when investing eligible capital in these communities. Investors may defer tax on eligible capital gains by making an appropriate investment in a Qualified Opportunity Fund and meeting other requirements. In addition, this new legislation modified the rules for Section 1031 Exchanges. Join the SSCBA Real Property and Business Law Section and its highly knowledgeable and experienced panel for a lively discussion on:  The adoption of this new law and the regulations developed by the IRS to implement it. What are Qualified Opportunity Zones (QOZs)? What are Qualified Opportunity Funds (QOFs)? What are the tax benefits relating to a QOF? What types of investments satisfy QOZ requirements? How were Section 1031 Exchanges modified under the new law? How do Opportunity Zone investment opportunities and 1031 Exchange transaction opportunities complement each other? Identifying the types of investment opportunities that qualify for QOF treatment. Guidance for working with local governments on QOF investments. Practical experiences in forming QOF investments. Advising clients on the pros and cons of investing in QOFs and/or Section 1031 Exchanges. Speakers: Sean Cottle, Hoge Fenton Ron Ricard, IPX 1031 Erik Hayden, Urban Catalyst Pricing (Includes Lunch): In-Person: SCCBA Member: $89 SCCBA New Admittee: (Under 5 years in practice) $79 Non-Member Event Attendee: $129 Honorary: $30 Attend Online: SCCBA Member: $95 Non-Member Event Attendee: $135 Registration: https://sccba.site-ym.com/events/EventDetails.aspx?id=1290851&group=# Schedule: […]

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