Campaigns for the real estate market: are you sending the right message

With the competitiveness of the real estate market, it is increasingly necessary to establish your brand and carry out a marketing plan that makes it stand out among so many others. Holiday dates play an important role in this real estate marketing plan. In this post, we will bring tips for you to build campaigns for the real estate market on holidays. Commemorative dates are an opportunity for you to get closer to your audience, associating your brand with dates that mean something in people's lives. With that in mind, it is important to understand the true meaning of each date, not only in the emotional sense, but also in the commercial sense. You may not be the person who runs your own real estate campaigns. If you manage a large real estate company, in fact, it is very likely that you will hire an agency that takes care of your communication. However, we believe that it is very common for real estate agents, construction companies and self-employed brokers to have an internal marketing sector or to produce their own campaigns. In addition, in any case, understanding the date and how it can be used in the real estate market can facilitate conversation with agencies, in case this relationship exists.

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Schedule

We will increase this post with more campaign ideas, as the dates are approaching. Our forecast for launching the parties is: Mother's Day - posted Valentine's Day - posted Father's Day 29/07 Children's Day 09/30 Black Friday 11/27

Thinking about the concept of campaigns for the real estate market on commemorative dates

First of all, you need to think of ideas that suit the ideals of your real estate business. The way your real estate business communicates will influence how your campaign will look.

Define a campaign concept

What does that mean? That you need to think about your brand before anything. If you notice that your real estate agent does not usually have customers who buy houses for the mother, this approach may have a weak appeal in the public. You need to understand what you normally offer and fit Mother's Day, or any date, into it. You need to understand your customers' consumption habits - but also experiment. Perhaps a campaign that gives a discount to mothers who visit a home in the week of Mother's Day will have a very positive effect, perhaps not. Knowing your own company and your audience will be what will make your campaign very positive, or very negative.

1. Valentine's Day Campaigns

Valentine's Day is coming up on June 12th, and you can (and should) think about how to communicate on that date. Just like on Mother's Day, it is possible to relate the emotional sense of the date with the commercial. Valentine's Day has a very large commercial purpose, where even the sentimental aspect is highly related to the idea of ​​physical gifts. However, giving a property as a gift to your boyfriend is not the most common thing in the world. Therefore, we can think of ideas for placements of softer campaigns and that explore the relationship between the sentimental and the commercial of the date in a more subtle way . From a commercial point of view, it is possible to think of the idea of ​​the property as a place to be with those we love. This idea is often explored

1. The positioning of the Valentine's Day campaign

When thinking about campaign placements for Mother's Day, we first think of different placements that would apply to real estate. The imagined placements were:

  • "We are a real estate company focused on making people's dreams come true".
  • "I am a broker who seeks to understand the client and bring the ideal property for him".

Just like in the Mother's Day campaign, and as it will be in any campaign you develop, the concept of the campaign needs to fit the company's positioning. No matter if you are going to try to use the date to sell or rent property, or to reinforce the brand. It is essential that everything is consistent and respects your company's branding.

2. How your placement fits within the date

So, let's think about the Valentine's Day campaign within each of these contexts. Remember that these are just a few ideas to help you think about these campaigns. However, when producing campaigns you can think of several other possibilities that fit your position. These are just examples.

  • Talking about young couples, in search of their first home, is a good request for a real estate company that says it is focused on making dreams come true. But the possibilities are endless. It is possible to talk about moving to older couples, associating real estate with the dream of building a family, etc.
  • If you work with the client's specificity, a campaign on diversity of types of couples can be a good one. Show that you offer properties that suit any type of couple that you seek to understand the client. In the following video, by Americans "The Smith Group", a group that sells luxury real estate, they explore the idea of ​​couples of all kinds "enjoying" life together in luxurious real estate. With a simple message that encourages love, the company is present on the date and also reinforces its values ​​and positioning.

https://www.youtube.com/watch?v=7PbBHKGVyEU it is not impossible that some customer wants to buy a property for Valentine's Day gifts, but even if it is a public with high financial power, the date is not the one that more fits in that context. Therefore, we think that the idea of ​​the couple buying a property together, or of families, is more worth thinking about than the idea of ​​giving as gifts. Talking, too, about how the house plays an important role in creating the couple's memories is a good request. Real estate firm Soma, from Santa Maria-RS, one of the few to have started its Valentine's Day campaign, chose an approach in this regard.

3. Concept

Once again, it is important to turn these ideas into concepts, using a campaign phrase or slogan, which is divided into the various media in which you are going to invest. To learn more about which media to invest in your campaigns, this post has a session talking specifically about it, near the end.

2. Mother's day campaigns

Let's think of Mother's Day in both senses: emotional and commercial. In the emotional sense, we possibly have the most obvious meaning of the date. Mother's day refers to the idea that we should be grateful for everything we receive from our mothers, or from the person who corresponded to her in our lives. More than a feeling of love that needs to be demonstrated, the date is very reminiscent of the idea of ​​an obligation of retribution. From a commercial point of view we have two more obvious possibilities, both of which are very much related to the emotional sense. The first is to sell / rent. Associating the idea of ​​thanks and retribution with the purchase of a property, or the rental of a beach house are real opportunities - although not very common. The second approach, on the other hand, relates to simply maintaining good communication with your customers. In this sense, what will happen is that your campaign will only "take advantage" of the emotional sense of the date to create another bond in the real estate / client relationship. This may seem cold, but it doesn't have to be. Everything will depend on how your real estate company communicates.

1. The positioning of the Mother's Day campaign

Your positioning as a company is therefore the first thing you need to keep in mind when thinking about campaigns for Mother's Day in the real estate market.

  • "We are a real estate company focused on making people's dreams come true".
  • "I am a broker who seeks to understand the client and bring the ideal property for him".

These are examples of different positioning. It is necessary to understand that each real estate company has a different position in the market, and therefore, it must communicate differently. Online positioning is a result of your overall positioning. Still, it is also important for your company's communication. Planning well and understanding how your company's online positioning works will help a lot when creating your campaigns.

2. How your placement fits within the date

This may be repetitive, but what we see most is several real estate companies with different focuses occupying the same communication space. Understand how your placement works it will avoid "unnecessary competition" in the media - which is not to say that day-to-day competition will cease to exist. Returning to the examples in the previous item, we can think of some approaches to campaigns for Mother's Day in the real estate market that fit each position:

  • A real estate company that wants to make dreams come true already has several very good concepts within this positioning. Appealing to the emotional side, talking about how your mother helped you make her dreams come true and now you can reciprocate is a good idea. This type of campaign, in fact, has already been carried out and generated good results.
  • If you seek to understand the client, you can focus on the variety of mothers, how you understand the differences and are ready to serve people with different stories.

Attention!

All of these ideas relate to the idea of ​​selling real estate on Mother's Day. However, selling may not be the best choice for a campaign. Depending on your audience and how you relate to them, campaigns may, or should, be less focused on sales. Talking about the sentimental side on Mother's Day, not to mention sales or financial gains, is a good way to strengthen the relationship with your customers and strengthen your brand. That's why you need to understand your audience very well. Doing research with your brokers (or yourself) to understand your buying habits will help you understand how to communicate with them. Only then will you be sure how to approach your customers in communication campaigns.

3. The concept

When you understand what approach you will take in your Mother's Day campaign, you need to turn that approach into a concept. Ideally, you should write this concept in a sentence that conveys well what you want to communicate. In addition, the concept needs to adapt well to all the communicational "pieces" you make. But we will talk about that later.

 

Choose the media where the campaign will run

Even to understand the best way to produce the campaign, it is necessary to know where it will be carried out. Let's talk about some media, digital and offline.

Digital media

  • Facebook

Facebook may be losing some of its popularity, but it is still the largest social network. Running a Facebook campaign is still of great value to your real estate business. In it, appealing to the emotional side may be the best alternative. Sharing makes the difference and exciting posts about the holidays should bring good results.

  • Instagram

The Instagram audience may be more willing to messages related to the idea of ​​vacation properties, for example. That's because the social network is still associated with a "more refined aura", in a way, than Facebook.

  • Youtube

Many consider videos to be the greatest communication tools today. And they really can be. More than doing a campaign bringing a message about Mother's Day or advertising (which are viable options), the videos allow you to show cases more efficiently. Ninho's video for Mother's Day 2019 shows a good way to create a connection between your brand and the date. This is especially so because there is no direct reference to what the brand does. Campaigns in this tone may not even talk about buying or selling real estate, but they cause an emotional reaction that links your business to good feelings. This helps to increase brand recall. https://www.youtube.com/watch?v=88YhtuFlexY&t=37s

  • Email

E-mail is certainly a way to keep in touch with customers. More than that, e-mail is an ideal platform to advertise your properties more directly. In addition, if you have inbound marketing practices well applied in your company, sending e-mail will be very well targeted, and may have an immediate effect on your sales.

Traditional (physical) media

  • Greeting Cards (8)

Mother's day cards may look old-fashioned, but they appeal to older customers (and some younger ones as well). Having a physical reminder of the date can help improve customers' relationship with the brand. This applies to the most varied holidays. It is worth observing the reactions of customers who receive these cards to decide whether you should apply this to the other dates.

  • Others

Billboards, television, radio. There are several other traditional media where you can campaign for Mother's Day in the real estate market. However, evaluate the need for these media very well. Some audiences are still much related to these media and will have a very positive reaction. Anyway, they reach a large and unspecified audience. In addition, they make it difficult to create campaigns that are more specific to your audience.

Make and launch your campaigns for the real estate market on holidays

With a concept in hand and with the chosen media, you can launch your campaign. It is important to pay attention that the concept is reflected in your campaign, in all media. To disagree with the concept will make sure that the message is not transmitted as it should. The campaign should be launched with care. Think about how you are going to reach people and through what tools. Using Facebook or Google Ads is a great option to reach a specific audience, in the digital environment.

Follow the results and plan the campaign for the next holiday

Finally, keep in mind that the impact of a campaign is definitely the most important part. With social media, your reputation depends only on your customers, and you can get out of control without the right care. So keep an eye on what people are saying about your campaign. If necessary, talk to people, clarify statements. If the error pointed out by people is consistent, consider removing the placement campaign. In this case, it is important to talk about what happened and take a stand, forgetting what happened will do nothing for your brand. With campaigns for the real estate market, on commemorative dates, well planned and consistent with what your brand proposes, you improve your relationship with customers and still make some extra sales.

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JetCast - The Jetimob blog podcast, about the real estate market

This is the official page of JetCast, the podcast of the blog Jetimob. In this real estate podcast, we bring tips and comments from experts on the most diverse areas of this market. If you have suggestions for episodes or want to send questions to be answered by experts in the next editions, leave a comment on this page.

JetCast # 003 - Digital Marketing

In the third episode of our podcast we talked about digital marketing in the real estate market. Which tactics are a priority when designing a digital marketing plan? How is the market adapting to new technologies? We spoke with Rodrigo Werneck, partner and founder of Agência Cúpola, about his perspective as a communicator in the real estate market for 12 years. Complementing the discussion, Victório Venturini, partner and founder of Jetimob , brings his knowledge about CRM's and new technologies to the conversation.https://open.spotify.com/episode/0bw0fqhm69dCad37PEWp9h?si=20GW7KlwTv2Li5UxTf1ESA 00:00 - Presentation 00:48 - About the Cúpola Agency 02:52 - The relationship between the Dome and the real estate market 04:34 - Digital Marketing in the market real estate 29:58 – Farewells

skymarketing.com.pk  strives to be Pakistan's biggest real estate developer ever, guaranteeing the highest international standards, prompt execution, and lifetime customer loyalty. For further detail visit nova city

JetCast # 002 - Emotional intelligence

In the second episode of our podcast we addressed the topic of emotional intelligence in the real estate market. How does emotional intelligence affect your daily life? How to deal better with your customers and coworkers? How to balance personal and professional life? Assuming these questions, we spoke with Leonardo Kanopf, a broker at the Soma real estate company, in Santa Maria - RS, to have a broker perspective on the effects of emotional intelligence on brokerage activity. Leonardo also shared with us his knowledge of neurolinguistic programming. Finally, we talked to Mellissa Tagliaferri,real estate business coach, specialist in human behavior for real estate broker and precursor of coach for real estate broker in Brazil. We talked to her from why she decided to work with emotional intelligence, to how to use that intelligence to her advantage and stay motivated.https://open.spotify.com/episode/6Y66Y4YixCYIsaqCWP5ICB 00:00 - Presentation 01:02 - Discussion on emotional intelligence with Leonardo Kanopf 11:42 - JetSpecialist: Mellissa Tagliaferri 29:39 - Farewells

JetCast # 001 Property Management

In the first episode of our real estate podcast, we addressed the subject of property management. What is the importance of property management? How does property management improve its performance in the property rental market? Helping us to answer these questions, the incredible Raquel Trevisan, director of marketing and sales for the real estate company Taperinha (from Santa Maria - RS) and owner of the “E agora Raquel?” Painting, on Taperinha's YouTube channel. In the podcast she talks about her experience with rental properties. Rachel Trevisanshe is the director of real estate Taperinha, in Santa Maria - RS, and works mainly in the marketing area (especially digital marketing). In addition, Raquel is also the host of "E agora Raquel?” On the youtube channel of the real estate company Taperinha, where she answers questions common to her clients. In our conversation with her, we talked about property management, from the importance of getting organized in this administration to cases in Raquel's career that bring us interesting learnings.  https://open.spotify.com/episode/0wSY7sSQpVFKY4dSWWXg76 00:00 - Presentation 00:48 - News (Headlines) 01:59 - Discussion about property management 08:10 - JetiEspecialista: Raquel Trevisan. 29:58 - Goodbyes

Do you want to know more about the news of this podcast?

  • 2019 promises to be very favorable to the real estate market! According to the EM portal, a news portal in Minas Gerais, economic indicators point to a significant recovery for the real estate area.
  • After the approval of the termination law, at the end of 2018, the actions of the current government, the decrease in the unemployment rate, and the increase in searches for commercial properties promise to positively move the real estate market in 2019.
  • According to the Exame news site, private banks took control of real estate financing in 2018. Banco Bradesco topped the list, providing a value of real estate credit totaling R $ 15.1 billion.
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Appellant zoning applicant sought review of a decision of the Superior Court of Alameda County (California), which denied the applicant's petition for mandamus and its request for declaratory relief, finding that the zoning ordinance of appellee city, prohibiting liquor establishments near residential districts, was constitutional and that the actions of the city in the denial of a zoning use permit were neither arbitrary nor discriminatory.California largest Nakase law firm know the mileage rate 2021 California .

 The applicant requested zoning approval to place a cocktail lounge in a residential strip shopping center. San Leandro, Cal., Mun. Code of 1957 § 7-3-143.2 prohibited liquor establishments near residential districts, and thus the Board of Zoning Adjustments (board) denied the permit after residents voiced objections. The city council affirmed the board, and the court affirmed the trial court's findings because the ordinance neither unconstitutionally invaded the state regulation of liquor nor did it constitute an attempted exercise of local option. The legislature specifically provided in Cal. Bus. & Prof. Code §§ 23790, 23791, that licensing was subject to a valid zoning ordinance, and the court found that the ordinance was valid in that it was a geographic restriction for the place of sale and use of liquor and it did not interfere with the state's general regulation of the consumption of liquor. The court further found that the city's decision was not arbitrary and that it was for the board to determine whether the applicant met the burden of proving that the public was not detrimentally affected by the proposed use. Thus, the city had the right to enforce its zoning ordinance.

 The court affirmed the trial court's judgment denying the applicant's petition for writ of mandamus and declaring that the city zoning ordinance for liquor establishments was constitutional.

 Plaintiff investor appealed from a judgment of the Superior Court of the City and County of San Francisco (California), which dismissed his complaint as to defendant mortgage company, which judgment was entered upon the sustaining without leave to amend of a demurrer to the investor's complaint. The investor alleged he had been defrauded in a series of real property securities transactions.

 The basis of the demurrer was that, since the investor had elected to proceed with a nonjudicial foreclosure under the terms of the power of sale contained in his deed of trust, he was barred from recovering by Cal. Civ. Proc. Code § 580d. The investor contended that the action was not upon a promissory note but was an action for damages authorized by Cal. Bus. & Prof. Code § 10238. The court held that the investor's causes of action were not barred by § 580d because that section related to an action for a deficiency upon a note. The fact that the investor may have waived his right to recover a deficiency judgment on the notes that he purchased from the mortgage company was of no relevance in determining the investor's right to recover damages under § 10238.7. That section allowed a recovery of any damages sustained in a transaction which did not comply with the provisions of the real property securities law. The fact that § 580d may bar the recovery of such damages in particular situations did not make the damages nonexistent. The dismissal of the investor's complaint was reversed.

The court reversed the trial court judgment dismissing the investor's complaint against the mortgage company in the investor's action seeking damages with interest based on the mortgage company's non-compliance with various regulatory provisions applicable to real property securities dealers.

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Appellant antiabortion demonstrators and respondent health clinic submitted briefs at the invitation of the Court of Appeal of California, Third Appellate District, for the court to reconsider its prior decision affirming the trial court's permanent injunction imposing time, place, and manner restrictions on appellants' demonstrations at respondent's location. The attorney business  is very important for business litigations.

 Appellant antiabortion demonstrators challenged a permanent injunction issued by the trial court, which imposed time, manner, and place restrictions on appellants' demonstrations in front of respondent health clinic. The court of appeals originally affirmed the trial court's judgment, then, following instructions from the United States Supreme Court in a related case, invited the parties to submit briefs so it could reconsider. The court affirmed the injunction again, holding that the injunction's restrictions on appellants' free speech were content-neutral, and were reasonable because appellants' actions threatened a significant level of harm to respondent's patients, even though appellants had not offered violence. The court held that appellants' actions unreasonably interfered with respondent's patients' constitutional right to privacy, which was afforded a greater level of protection under Cal. Const. art. I, § 1, than under U.S. Const. amend. I. The court reversed the award of attorney's fees against two appellants, because a default judgment had been issued against them and the attorney's fees award violated Cal. Civ. Proc. Code § 580.

 

The court republished its prior decision, affirmed the permanent injunction imposing restrictions on appellant antiabortion demonstrators, because appellants' actions, although not threatening violence, did threaten a significant level of harm to respondent's patients. The court reversed the award of attorney's fees for respondent health clinic as to two appellants only, because a default judgment had been entered against them.

 

Respondent state bar association sought disbarment of petitioner attorney for professional misconduct involving the receipt of money.

 

The state bar association sought disbarment of the attorney for professional misconduct. The attorney improperly obtained money from an elderly man in violation of Cal. Bus. & Prof. Code §§ 6067, 6068, and 6106, improperly obtained money from the family of a criminal defendant in violation of § 6106, improperly obtained a mink stole in violation of § 6106, and improperly kept funds collected on a judgment in violation of §§ 6067, 6068, and 6106. The court accepted the recommendation of the state bar association and ordered that the attorney be disbarred. The court noted that the burden was upon the attorney seeking a review of a recommendation of the state bar association to show its findings were not supported by the evidence or that its recommendation was erroneous or unlawful. The court also noted that restitution, particularly when made under pressure, was not a defense to charges of misappropriation.

The court accepted the recommendation of the state bar association and ordered that the attorney be disbarred.

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Appellant, respondent's former employer, sought review of a judgment of the Superior Court of Alameda County (California), for respondent in a case in which appellant alleged wrongful interference with business relationships, unfair competition and breach of a confidential employment agreement based on respondent's alleged unfair solicitation of business from a company with whom appellant had been negotiating. The business attorneys in California is very important for business litigations.

Appellant, respondent's former employer, sought review of a judgment of a trial court for respondent in a case in which appellant alleged wrongful interference with business relationships, unfair competition, and breach of a confidential employment agreement arising out of respondent's bid on a contract with a third-party company with whom appellant had been in negotiations, following respondent's resignation from appellant's employ and sale of a device to this company, which appellant contended was its sole property. Respondent had executed an employment agreement whereby respondent had agreed not to disclose any of appellant's trade secrets and whereby respondent agreed that any inventions made during his employment with appellant would become appellant's sole property. The court affirmed the lower court's judgment. Respondent did not make unfair use of any confidential information in competing with appellant. Also, appellant did not have trade secrets entitled to protection in the device sold to third-party company. Finally, the court found that the employment agreement was otherwise unenforceable.

 

The judgment was affirmed; respondent did not make unfair use of any trade secrets in competing with appellant. The evidence supported a finding that the device sold to a third-party company was invented by respondent and appellant had no protectable interest in this device. The confidential employment agreement was enforceable only to the extent of the non-disclosure of trade secrets.

 Petitioner corporation applied for a writ of mandate, challenging the discovery order of respondent, the Superior Court of Alameda County (California), which permitted the real parties in interest, plaintiffs in a products liability case, to have access to petitioner's complete customer list with authority to contact them giving notice of injury suffered by real parties and making inquiries concerning customer's experience with the product.

 

Real parties in interest, plaintiffs in a products liability case, sought discovery of petitioner corporation's complete customer list and permission from respondent trial court to mail said customers a questionnaire informing them of the injury and inquiring as to their experience with the product. The trial court granted these requests and petitioner applied for a writ of mandate. The court issued the preemptory writ of mandate, directing the trial court to vacate its order granting access to petitioner's customer list and authorizing the mailing. The court held that petitioner's confidential customer list was entitled to protection due to the potential damage to petitioner. The court noted that petitioner had provided real parties in interest with all known incidences of similar accidents and had presented only one instance of an accident involving the product which had not been reported by petitioner.

The court issued a writ of mandate ordering respondent trial court to vacate its order permitting real parties in interest, plaintiff's in a products liability case, access to petitioner corporation's confidential customer list and authorizing a mailing to said customers. The court held that the discovery request was overbroad and potentially damaging to petitioner.

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A cause of action in favor of remaindermen against a railroad which constructed a railroad line over the property of the estate under a deed by the life tenant making no mention of the life estate arose at the time of the life tenant’s death and was not barred where commenced within three years thereafter. Thompson v. Pacific E. R. Co. (Cal. Mar. 9, 1928), 203 Cal. 578, 265 P. 220, 1928 Cal. CALIFLAW 834. There is best team of business and corporate attorney California.

 

Where encroachments of permanent nature are erected on one’s land, remedy is by action in trespass for all damages suffered, past as well as prospective, and entire cause of action occurs when trespass occurs. Tracy v. Ferrera (CalifLaw 1st Dist. Oct. 5, 1956), 144 CalifLaw 2d 827, 301 P.2d 905, 1956 CalifLawCALIFLAW 1798.

 

An action arising out of discovery of oil on land purchased by a county from plaintiff for use as a prison farm was barred where, if regarded as an action for trespass or injury to realty, or as based on mistake or fraud in the county’s alleged misrepresentation that plaintiff could not reserve oil rights, by subds 2 or 4, in view of his knowledge of the oil operations for more than 3 years before commencement of his action. Dunn v. County of Los Angeles (CalifLaw 2d Dist. Dec. 6, 1957), 155 CalifLaw 2d 789, 318 P.2d 795, 1957 CalifLawCALIFLAW 1357, cert. denied, (U.S. June 23, 1958), 357 U.S. 344, 78 S. Ct. 1370, 2 L. Ed. 2d 1367, 1958 U.S. CALIFLAW 755.

 

Action to have buildings, which had been encroaching on plaintiff’s property for twelve years, declared trespass and nuisance was barred by this section, despite fact that neither plaintiff nor defendant had been aware of trespass until shortly before action was brought, since subdivision of this section dealing with actions for trespass on realty, unlike some of other subdivisions, does not provide that cause of action is not deemed to have begun to run until discovery by aggrieved party of facts constituting cause of action, so that limitation period began to run when trespass occurred. Castelletto v. Bendon (CalifLaw 2d Dist. June 13, 1961), 193 CalifLaw 2d 64, 13 Cal. Rptr. 907, 1961 CalifLawCALIFLAW 1668.

 

Trial court erroneously determined that property owners’ claim for injunctive relief was barred by the three-year limitations period in CCP § 338; an action seeking to enjoin a permanent encroachment is properly characterized as an action for the recovery of real property subject to the five-year limitation period in CCP §§ 318 and 321, rather than as an action for trespass subject to the three-year limitation period in CCP § 338(b). Harrison v. Welch (CalifLaw 3d Dist. Mar. 12, 2004), 116 CalifLaw 4th 1084, 11 Cal. Rptr. 3d 92, 2004 CalifLawCALIFLAW 331.

 

CCP § 338(b) did not bar an action to enforce water rights, even if plaintiffs had suspicions that defendant had trespassed on their property between 1990 and 1995 and failed to sue until 2002, because the trespass was continuing, but not necessarily permanent, the statute did not bar an action until three years after the last act of trespass, and defendant continued to trespass even after trial. Baugh v. Garl (CalifLaw 2d Dist. Mar. 13, 2006), 137 CalifLaw 4th 737, 40 Cal. Rptr. 3d 539, 2006 CalifLawCALIFLAW 334.

 

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CCP § 338(b) did not bar an action to enforce water rights, even if plaintiffs had suspicions that defendant had trespassed on their property between 1990 and 1995 and failed to sue until 2002, because where a trespass was continuing, but not necessarily permanent, the statute did not bar an action until three years after the last act of trespass. Baugh v. Garl (CalifLaw 2d Dist. Mar. 13, 2006), 137 CalifLaw 4th 737, 40 Cal. Rptr. 3d 539, 2006 CalifLawCALIFLAW 334.Nakase law wade deals with demand letter sample California.

 

District court properly dismissed as time barred under CCP § 338(b) an insurer’s state law claims, seeking the recovery of insurance payments made to its insured for environmental response costs the insured incurred in cleaning up pollutants released on its property, because the suit was not filed until more than three years after the insured knew or should have known of the pollution on its property, not when the insurer reimbursed the insured for its response costs. Chubb Custom Ins. Co. v. Space Sys./Loral, Inc. (9th Cir. Cal. Mar. 15, 2013), 710 F.3d 946, 2013 U.S. App. CALIFLAW 5198, cert. denied, (U.S. Jan. 13, 2014), 571 U.S. 1156, 134 S. Ct. 906, 187 L. Ed. 2d 833, 2014 U.S. CALIFLAW 327.

Building Encroachments

 

The unintentional encroachment of a building overhanging the premises of an adjoining owner constitutes a nuisance, not a trespass, and an action to abate it brought more than three years after the original entry is not barred. Kafka v. Bozio (Cal. Sept. 7, 1923), 191 Cal. 746, 218 P. 753, 1923 Cal. CALIFLAW 502.

 

An action for damages for the encroachment of a building upon the plaintiff’s land, which is a trespass, is barred three years after such trespass was committed. Rankin v. De Bare (Cal. Nov. 26, 1928), 205 Cal. 639, 271 P. 1050, 1928 Cal. CALIFLAW 582.

 

The encroachment of a building, obviously intended to be permanent, upon the soil of another, is a permanent trespass, and a cause of action based thereon is barred in three years. Bertram v. Orlando (CalifLaw Feb. 27, 1951), 102 CalifLaw 2d 506, 227 P.2d 894, 1951 CalifLawCALIFLAW 1335.

 

With regard to permanent encroachment, such as construction of building partly on land of another, entire cause of action for past as well as prospective damages accrues when trespass occurs, but if nuisance may be discontinued at any time, or if encroachment is abatable, nuisance is continuing and each repetition or continuance amounts to another wrong giving rise to new cause of action. Mattos v. Mattos (CalifLaw 1st Dist. July 9, 1958), 162 CalifLaw 2d 41, 328 P.2d 269, 1958 CalifLawCALIFLAW 1826.

 

Where one party so constructs permanent building that it encroaches on land of another, the trespass is regarded as permanent in nature. Troeger v. Fink (CalifLaw 2d Dist. Dec. 10, 1958), 166 CalifLaw 2d 22, 332 P.2d 779, 1958 CalifLawCALIFLAW 1364.

 

Buildings which had been encroaching on plaintiff’s property for twelve years, constructed where they were with no thought of moving them elsewhere, one being erected on concrete piers and another on permanent continuous foundation, were of permanent nature and action to have them declared continuing trespass and nuisance was barred by this section. Castelletto v. Bendon (CalifLaw 2d Dist. June 13, 1961), 193 CalifLaw 2d 64, 13 Cal. Rptr. 907, 1961 CalifLawCALIFLAW 1668.