Section Real Property

The Real Property Section provides a forum to exchange information with other real property practitioners, offers continuing legal education (CLE), programs on legislative updates in real property and issues advancing the specialty practice of real estate law.

Section Chairs

Neusha Ghaedi
415 472 7880

Derek Weller
415 453 1375

Dec 05, 2020
By Jeffrey H. Lerman, Philip R. Diamond & Daniel E. Dersham

COVID-19’s most urgent and significant impact on commercial tenants and landlords may be the sudden inability of many commercial tenants to pay their rent and the resulting challenges to their commercial landlords. Commercial tenant lawyers often discount the doctrine of commercial frustration as a defense because the general belief is that it is unlikely to succeed. Our advice? Don’t give up on it too readily: If the right facts are present for the tenant, both statutory and case law could lead to an acceptable lease restructuring or termination.

Dec 04, 2020
By The Marin Lawyer

MCBA hosted its first-ever all-virtual MCLE Fair last month. In another first, we partnered with multiple Bay Area bar associations, which allowed more people to attend at member rates. The Bay Area-wide audience and ability to appear via Zoom enabled us to attract prominent speakers and panelists from around the Bay Area and beyond. With thirteen separate programs over four days, including several panel discussions, program highlights will have to suffice for our recap.

2021 Officers & Board of Directors Slate Announced
Oct 15, 2020

The slate for MCBA's 2021 officers and board of directors has been announced. Please join us on October 28 as the 2021 officers and new board members will be voted on during our virtual general membership meeting, which features an update from the Marin Superior Court.

COVID-19 Resources
Jun 30, 2020

Local News & Information Regarding COVID-19. Including Marin County Superior Court updates, Administrative orders, and Emergency orders.

President's Message
Jun 04, 2020
By Susan Feder

Our society and criminal justice system remain plagued by systemic racism and inequality. As much as we know injustice and inequality exist, it is easy to feel powerless in the face of such an overwhelming problem. Videos like the one of George Floyd's murder can reinforce that powerlessness. Or they can spur us to action.

Jun 03, 2020

As the owners of the French Laundry, along with numerous other policyholders, litigate insurance coverage of COVID-19-related mandatory closures under their business interruption clauses, some states are considering legislation to mandate such coverage under those clauses. Insurers argue that a mandatory coverage law affecting policies that would not otherwise cover COVID-19 losses would violate the Constitution's Contracts Clause.