Real Estate Litigation and Transactions
At Romney Law Offices APC, we've handled a wide range of real estate litigation, from multi-million dollar construction defects to the Santa Paula Fire and Malibu Fire on behalf of property owners. Call 805-525-6631
or contact us online
to discuss your situation with us. You may also stop by our location in Santa Paula
for more information.
Construction Defect and Disclosure Fraud
Romney Law Offices has gone to trial and also has settled numerous construction defect cases involving millions of dollars in damages ranging from improper roof and window installation to inadequate foundation construction and framing of the "bones" of buildings.
The key to our success has been insight into the building process by retention and close coordination with experts at an early stage in the litigation combined with comprehensive discovery of potential defenses which must be overcome.
Real Estate Contract Disputes
Breach of contract issues concern the meaning of the document which, in turn, require examination of the circumstances under which the contract was made and then performed, the facts showing the perspective brought to the negotiation and performance of the contract by each party affecting perception of its meaning by that party, the memory or lack of memory regarding the events surrounding the negotiation and implementation of the agreement, and whether there is reason to challenge the veracity of a party.
Romney Law Offices takes the time to understand the contract, its context and the motivations of the parties as the case develops so as to unearth the key facts necessary to support our client's case.
Fire and Soil Subsidence
Romney Law Offices has handled two major fires: The Santa Paula to Fillmore fire ("Santa Paula Fire") in 1996 and the Calabasas to Malibu fire in 2007 ("Malibu Fire").
After a three-month jury trial in Santa Barbara a jury returned a verdict in favor of Southern California Edison and, within days, a new appellate court decision prevented the bringing of a "spoliation of evidence" (meaning destruction of evidence) claim against Southern California Edison for its conduct in that case.
Romney Law Offices obtained a "confidential settlement" against an electric utility for damage caused by the Malibu fire in 2007 after establishing by "DNA" evidence that a tree branch dragged about a half an acre away from an arcing line had, in fact, been in contact with the arcing line that caused the fire.
Fires often are the efficient cause of mud slides and soil subsidence after a fire has denuded the land and then heavy rains follow. When this occurs insurance coverage under the fire policy applies even though flood damage is expressly excluded. Romney Law Offices offers assistance to homeowners and landowners in obtaining such coverage.
Romney Law Office has represented homeowners and land owners in soil subsidence cases not triggered by a fire. Because what happens under the earth is not seen by the naked eye at the time it occurs determining whether there has been negligent installation or maintenance of a sewer line or a septic system or cesspool requires knowledge of what to look for and qualified experts to conduct the investigation. Romney Law Offices does this analysis.
Quiet Title and Easement Disputes
Recorded documents whose meaning is disputed or unclear, including express written easements, and gaps in the record title, including easements not recorded or not in writing such as an easement created by prescription (meaning by open, notorious, continuous use for 5 years or more) or implied grant or reservation (meaning the implied grant or reservation of access to a parcel upon its transfer), often require the bringing of a quiet title action, particularly where access for roads and utilities is at stake.
Romney Law Offices has the expertise and diligence to fully explore the rights and liabilities claimed by the parties and to bring a case for the best advantage of our client.
HOA Disputes
At Barker & Romney and as the principal of Romney Law Offices, David Romney has tried and also settled innumerable HOA disputes involving construction defects amounting, in total, to over $30,000,000, and also disputes over HOA CC&Rs, Bylaws and Rules.
In recent times apathy of HOA members has created need to seek court permission to amend CC&Rs and Bylaws with less than the vote requirement set forth in these documents. In addition, issues regarding noise, maintenance of roofs and other common areas, the obligations of each homeowner to maintain his or her unit, the obligation of the Board to enforce its CC&Rs, the obligation of the Board to maintain reserves as required by the Stirling-Davis Act, the right of a homeowner to rent a unit through vacation rental platforms (Airbnb, VRBO, HomeAway) have required in-court and out-ofcourt intervention with the assistance of Romney Law Offices.
Planning and Zoning
David Romney of Romney Law Offices has been a city attorney for the City of Ventura in Ventura County and the City of Woodland in Yolo County and, as part of his duties, he advised the city council and planning commission regarding planning and zoning matters and also defended against litigation challenges to them.
Eminent Domain
Also known as condemnation, eminent domain is a formal government taking of land.
As a city attorney David Romney of Romney Law Offices, APC, has tried eminent domain cases for the taking of land for roads and public utilities.
Inverse Condemnation
This is a government taking of land without formal process.
Romney Law Offices, APC, has brought inverse condemnation actions for wrongful takings by public utilities and governmental entities arising from negligent installation, operation and maintenance of power lines, sewers and roadways.
Real Estate Transactions
Real Estate Partnerships, Joint Ventures and LLCs
Romney Law Offices assists clients in evaluating the proper form of legal entity to establish for most efficient and cost-effective operation including partnerships, joint ventures, limited liability companies and corporations.
Easements
Romney Law Offices drafts easements for rights of way, roads and utilities and, also, documents easements as express written easements when agreement between the parties can be reached regarding prescriptive easements or easements by implied grant or reservation.
HOA Governing Documents
Romney Law Offices has decades of experience in drafting Covenants, Conditions and Restrictions (CC&R's), Bylaws and Rules for Homeowner Associations and in obtaining Court permission to approve amendments without the vote required in those documents, where necessary and appropriate to do so.
Deeds
- Grant Deed (warranting title)
- Warranty Deed (warranting title and agreeing to defend title and other rights "warranted" and to pay for damages - rarely used since most issues are covered by title insurance)
- Quitclaim Deed (transferring rights without warranty)
- Gift Deed (transfer without consideration)
- Deed of Trust and Reconveyance Deed (both usually prepared by title company)
- Revocable Transfer on Death Deed (transfer to third party non-co-owner of land on death of owner)
- Deeds providing for tenants in common (each title holder retains his or her title interest on death)
- Deeds providing for joint tenants (title to property transfers entirely to still living title holder on death of the other title holder)