VOLUME 13 | NUMBER 7 | JULY 2018
dark blue triangle in newsletter heading
Introductory Remarks
CLE Anytime
Recent Cases

The Real Property Section Newsletter is published monthly by the Real Property Law Section.

Teresa Y. Hillery
Vice President and Trial Counsel
Fidelity National Law Group


Real Property Executive Committee:


Claire Hervey Collins

First Vice Chair
Eric A. Altoon

Second Vice Chair
Kelsey M. Thayer

Laurence L. Hummer

Rachel Meghan Sanders

Immediate Past Chair
Caroline Dreyfus

Section Administrator
Fatima Jones



Nedra E. Austin
Norman A. Chernin
Brant H. Dveirin
James C. Earle
Daniel Louis Goodkin
Marcia Z. Gordon, Esq
Owen P. Gross
Marybeth Heydt
Teresa Y. Hillery
Donna E. Kirkner
Daniel K. Liffmann
Misty Marie Sanford
Jesse I. Shapiro
Linda E. Spiegel
Loretta Thompson
Ira J. Waldman
Seth I. Weissman



Michael Bayard
Susan J. Booth
Elizabeth Spedding Calciano
Peter Gelles
Byron Hayes
Gordon Hunt
Bryan Jackson
Michael Klein
Mark Lamken
Gregg Loubier
Victor Marmon
Jerold L. Miles
O'Malley Miller
Donald Nanney
Gytis Nefas
Sarah Spyksma
Theresa Tate
Timothy Truax
Richard Volpert
Pamela Westhoff
Norma Williams


Commercial Development and Leasing Subsection, Co-Chair
Herman Enayati

Commercial Development and Leasing Subsection, Co-Chair
Trudi J. Lesser

Construction Law Subsection Chair
John D. Hanover

General Real Estate Subsection Co-Chair
William J. Bernfeld

General Real Estate Subsection Co-Chair
Stacey A. Villagomez

Land Use Planing and Environmental Law Subsection Chair
Rosslyn "Beth" Stevens Hummer

Real Estate Finance Subsection, Co-Chair
Jane L. Hinton

Real Estate Finance Subsection, Co-Chair
Erik M. North

Title Insurance Subsection Co-Chair
Motunrayo Dideolu Akinmurele

Title Insurance Subsection Co-Chair
Elmira Rezaei Howard



Introductory Remarks

July marks the beginning of our new leadership! Stay tuned for another exciting year.

1802-029 © 2018 Don Milici-510w

(Front left to right: Caroline Dreyfus, Immediate Past Chair; Claire Hervey Collins, Chair)
(Back left to right: Rachel Meghan Sanders, Secretary; Eric A. Altoon, First Vice Chair; Laurence L. Hummer, Treasurer; Kelsey M. Thayer, Second Vice Chair.)

View more pictures of the 2018-2019 Installation and Awards Dinner

Teresa Y. Hillery
Editor, Real Property Section Newsletter
E-mail address:


LACBA Real Property CLE Anytime

Even if you can't attend our Real Property Section events, you can earn CLE credit by viewing our streaming videos. Here are a few options. Click any link below.

A Practical Guide to the Subdivision Map Act
Annual Construction Law Update and Flaig Award
Arbitration Provisions in Leases and Purchase and Sale Agreements: Considerations and Insights

Recent Cases
- Adverse Possession -

A showing of timely payment of taxes is a precondition to their adverse possession defense. A lump sum payment of several years' worth of delinquent property taxes did not constitute "timely" payment of taxes for purposes of Code of Civil Procedure Sec. 325(b).

McLear-Gary v. Scott - filed July 11, 2018, First District, Div. Three
Cite as 2018 S.O.S. 3457
Full text click here >

- Foreclosures -

Pursuant to the Housing and Economic Recovery Act, the Federal Housing Finance Agency succeeded to Fannie Mae and Freddie Mac's securitized mortgage loans, which were held in trust, upon inception of conservatorship. The foreclosure bar contained in 12 U.S.C. Sec. 4617(j)(3) preempts Nevada Revised Statute Sec. 116.3116, which provides that foreclosure on an HOA super priority lien quashes all other property liens, to the extent that an HOA's foreclosure of its superpriority lien cannot extinguish a property interest of Fannie Mae or Freddie Mac while under FHFA conservatorship.

Federal Home Loan Mortgage Corp. v. SFR Investments Pool 1 - filed June 25, 2018
Cite as 2018 S.O.S. 16-15962
Full text click here >

- HP Act -

The disbursement of loans for two liquid natural gas projects near the Great Barrier Reef did not moot a challenge to the bank's authorization of funding for the projects, however environmental groups lacked standing to challenge the authorization of funding where the plaintiff could not show that the bank's performance of additional procedures required by the Endangered Species Act and the National Historic Preservation Act would redress the alleged environmental injury caused by the project.

Center for Biological Diversity v. Export-Import Bank of the United States - filed June 28, 2018
Cite as 2018 S.O.S. 16-15946
Full text click here >

- Water Rights -

A trial court erred in failing to defer to a state agency's determination that a federal program to obtain water flow and storage rights from willing sellers would avoid conflict and injury to other existing water rights. There is no principle in California law that recognizes "storage rights" in a reservoir, outside of the reservoir owner. Walker Lake is part of the Walker River Basin.

Nevada State Engineer v. U.S. Board of Water Commissioners - filed June 22, 2018
Cite as 2018 S.O.S. 15-16316
Full text click here >

When a court is asked to resolve an interstate water dispute raising questions beyond the interpretation of specific language of an interstate compact, the doctrine of equitable apportionment applies. Unless and until a special master makes the findings of fact necessary to determine the nature and scope of likely harm caused by the absence of water and the amount of additional water necessary to ameliorate that harm significantly, a complaining state should not have to prove with specificity the details of an eventually workable decree by "clear and convincing" evidence.

Florida v. Georgia - filed June 27, 2018
Cite as 2018 S.O.S. 142 orig
Full text click here >


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