Real Estate Only<br />Easements, Boundary, and View Disputes; Partition Actions
Our practice specialties are easements, boundary, and view disputes, quiet title and partition actions. We also handle a wide variety of real estate litigation and transactions, including purchase/sale disputes, title disputes, disclosure problems, boundary and easement disputes, construction defects, developer (contractor) broker disputes, commercial leases and commercial leases and commercial landlord/tenant disputes.Example casesRecent significant cases have included the following:
We litigated a dispute between commercial property owners concerning easement rights over a parking lot. We represented a commercial shopping center in a dispute concerning parking easement rights on adjacent property. I helped a buyer of commercial property complete the purchase, despite the death of two of the sellers, a bankruptcy filed by another seller, a pending foreclosure sale, pending city code enforcement proceedings, and significant potential title defects.
I also represented a commercial tenant in the negotiation of a 50-year lease for a stand-alone restaurant building at a local marina.
I've also handled the litigation of many difficult boundary/easement disputes.
Real Estate Law Offices of David L. Roth
1425 Leimert Blvd.
Oakland CA 94602-1852
- 1992 to 1995: Partner, Roth & Russo
- 1984 to 1992: Principal, Law Offices of David L. Roth
- 1980 to 1984: Partner, Law Offices of Roth Ishida
*Frequent speaker to lawyers about boundary disputes, easements, and encroachment issues.
*Author, Chap. 1, "Easements," in Neighbor Disputes: Law & Litigation (CEB)
*Co-author, Chap. 10, "Litigating Easement & Boundary Disputes," in Easements & Boundary Disputes: Law & Litigation (CEB)
Over the past 34 years I have resolved problems for literally hundreds of clients in all of the most common areas of real estate disputes, including purchase/sale disputes, failure to disclose defects, broker malpractice, boundary and easement disputes, commercial landlord/tenant and leasing problems, commercial and investment purchase/sale contracts, construction defects, title disputes, foreclosures, mechanics liens, and code enforcement matters. I have tried approximately 30 cases, including about six jury trials.
I enjoy preparing and trying cases. I keep up with recent developments in real estate law by making sure that I take substantially more than the required continuing education classes, by attending the annual continuing education retreat of the Real Property section of the State Bar Of California, by subscribing to and reading appropriate professional magazines, and by preparing and delivering seminar talks to other attorneys on real estate related topics.
I have strong analytical skills. I am a thorough researcher and an excellent writer. I am vigorous and a creative oral advocate.
I adhere to the Code of Civility of the Alameda County Bar Association. I use what I call a "two track" approach to litigation. I prepare every case as if it were going to trial (the first track), but am simultaneously attempting to achieve a reasonable and fair settlement (the second track). I am a vigorous advocate, but do my best to maintain a civil and professional relationship with all opposing counsel.
I am a baseball fan, and an avid reader, especially of history, biographies, poetry and novels.
Bar Number: 85279
Hastings College of Law
Juris Doctor, 1978
B.A. - Political Science (Soviet Studies Emphasis), 1975
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