Real Property
Hon. Nat A. Agliano (Ret.) has been involved in the resolution of a variety of real property disputes for over 40 years: first in private practice and throughout his years of service on the Monterey County Superior Court and as an Associate and Presiding Justice of California’s 6th Appellate District.
For nearly the last 15 years as an ADR practitioner, Justice Agliano has mediated, arbitrated or served as a referee/special master in almost every kind of Real Property dispute. His emphasis on thorough preparation and knowledge of the law, combined with his patient and compassionate manner assist in diffusing even the most contentious family, neighbor, or business dispute where property is involved.
Representative Matters
- Breach of real estate sales contracts; contractual and equitable remedies including specific performance, rescission, and/or damages
- Determination of fair rents in mobile home park under rent control
- Determination of interests in real property under claims of constructive trust
- Determination of market rents for farmlands under lease renewal
- Determining Fair Market Value of commercial and residential real estate based on comparable sales and/or capitalization of income
- Eminent Domain/Condemnation of commercial real property versus claim of improper exercise of Eminent Domain power
- Flood damage to real property caused by governmental act or omission (Tort/Inverse Condemnation)
- Homeowners’ Association disputes
- Interpretation and enforcement of commercial real estate lease contracts; limitation on use of leased premises
- Partition and related allocation of ranchlands, farmlands, and property with mixed uses—farming, cattle grazing, mineral and oil development; and accountings
- Real estate broker’s right to commission under non-performed sales/lease contract
- Sales of commercial and residential real estate: Non-disclosure/misrepresentation of construction and other defects, including water-well production, zoning, drainage, sewage systems
