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Court-Appointed Partition Referees and Post-Judgment Receiverships Business relationships sour, married couples split up, and family members can’t agree on what to do about a property they share. When these situations can’t be resolved through other means, the courts may appoint a partition referee.

Imagine this — three siblings have recently inherited their childhood home. It’s a massive asset, and they want to make sure they honor their parents’ wishes and use the value of the home for the betterment of themselves and their families.

For nearly a decade, the City of Banning had to endure the challenges brought on by six unfinished commercial buildings spread over 9 acres of land located just off the 10 Freeway. The problem wasn’t necessarily that the buildings were unfinished, but rather that the unfinished buildings had been overrun by transients and squatters taking up residency within these structures resulting in hundreds of violations of State and local laws, numerous fires, hazardous conditions, and an accumulation of garbage and debris. What was once a place of potential future economic growth and development for the City of Banning, had quickly become more than just an eyesore, but a dangerous threat to the health and welfare of the community.

By Neil Sheaffer

By Neil Sheaffer

Health & Safety Receiverships are a valuable tool to reestablish abandoned properties. There are countless vacant lots and abandoned structures across California with no apparent useful purpose. There are just as many countless explanations as to why these commercial and residential properties are abandoned. Abandonment can come at the hands of death (tenant or otherwise), a business or personal relationship gone sour, defunct or bankrupt owners, or simply by owner’s choice. Regardless, the deserted property will likely succumb to disrepair, and as a result, leave behind quite the eyesore for the surrounding community. Beyond the displeasing aesthetic, vacant properties also pose a rather significant danger to the health, safety and welfare of the neighborhood as a whole. Unsecured properties intrinsically create dangers ranging from the deteriorating structure itself to the higher crime rates tied to the vacant property. From a crime perspective, vacant properties often welcome trash dumping, graffiti, vandalism and trespassing. Further, threats arise from overgrown vegetation causing fire-hazards and vermin infestation spreading throughout the neighborhood affecting surrounding residents and businesses. Ultimately, conditions such as these result in neighborhood decline and a drop in surrounding property values. A court-appointed Health & Safety Receiver can provide the remedy abandoned properties and their surrounding neighbors truly need.

By Neil Sheaffer

A Health and Safety Receivership is a legal remedy to combat neighborhood blight and transform problematic properties back into safe and habitable structures. A house or building within a community may be deteriorating due to various reasons ranging from severe hoarding, contaminated or unsafe living environments, or owner abandonment. Deteriorating properties are usually produced because no responsible party is willing or able to address the problems on the property. Whether due to an uncooperative property owner, quarreling heirs, disputes regarding title, or an owner that cannot be located, the structure or dwelling is poorly maintained making it an eyesore and hazard to the community. When a property is in severe disrepair and a danger to its tenants or neighboring residents, the property will affect the entire neighborhood.