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All Forum Posts by: Peter Lee

Peter Lee has started 27 posts and replied 101 times.

Post: Prescriptive easement question in California

Peter LeePosted
  • Developer
  • Los Angeles, CA
  • Posts 101
  • Votes 13
Quote from @Jay Hinrichs:
Quote from @Matt Devincenzo:

This is my perspective as an engineer/survey consultant...

The rights associated with a prescriptive easement exist only in 'concept' and statue. It isn't until one of two things happen that they're obvious and apparent. First option is you obtain a signed document from the adjacent owner acknowledging the condition and essentially granting you the easement...obtaining the easement negates the need for prescription since it is now 'of record'. Or you file a lawsuit to perfect those rights via the court, and then a judge considers the statutory requirements and awards you access via a judgement. 

My exposure to PE has been on projects being developed. One was a neighbor making the claim, which they went too far by saying they owned the property...you can't deprive someone of the property itself...but they could likely have won on the PE claim. Instead my client negotiated something else (a license agreement I think). 

The other two projects had old PE listed in title. One appeared to have been voluntarily entered into, and the document discussed the condition and timing etc and how as of the execution there was now an easement superseding any historical claims. The other was a recorded judgement indicating the extent of the PE claim and the obligations for each party. Both were from 50+ years ago, if I remember correctly the late 40's and the mid 60's.


In my experience with this stuff  mutual agreement is by far the best route and license agreement works very well as stated above .  I dont think just a curb cut and fence situation will carry the day.. but the use might.

 thanks for the insight.  Unfortunately the new owner of the neighboring property will not mutually agree on this.  They want all travel across their property eliminated.

Post: Prescriptive easement question in California

Peter LeePosted
  • Developer
  • Los Angeles, CA
  • Posts 101
  • Votes 13

I own a commercial property in Los Angeles area and theres a vehicular path that runs across the neighbor's property indicated in red arrows into our lot. The path has existed for at least 20 yr. Continuously used by us and the previous owners of the property in blue.

Question is how feasible is this to qualify for a prescriptive easement? There's no record of it in the title report which is odd since it looks like it is there by design since there's a curb cut and the existing fence was designed with a gate.

Yes, I know this should've been caught during acquisition but not having this is not the end of the world, just inconvenient.

Post: Prescriptive easement question in California

Peter LeePosted
  • Developer
  • Los Angeles, CA
  • Posts 101
  • Votes 13

Post: Multiple Member LLC and 1031 Exchange

Peter LeePosted
  • Developer
  • Los Angeles, CA
  • Posts 101
  • Votes 13

@Katie Balatbat is there a minimum time period before the TIC needs to be created? Or can it be created right before the property is sold? Thanks

Post: Can lease be terminated if no term nor termination date is specified in the lease?

Peter LeePosted
  • Developer
  • Los Angeles, CA
  • Posts 101
  • Votes 13

Working on a small multi tenant industrial deal where there are a few tenants have leases that are missing information such as term, lease end date. I want to have the capacity to terminate their lease if needed.

Is that lease valid? Or does the tenant have some rights to stay since there isnt an end date? There 50 other leases in the building which clearly specify a 1 yr term then go month to month which Im sure was the intent here but the leasing manager neglected to fill out the info.

One of the weirdest lease things Ive seen.

Post: Worth it to build mezzanine levels in self storage facility?

Peter LeePosted
  • Developer
  • Los Angeles, CA
  • Posts 101
  • Votes 13

we built these out.  question is on the ladders and what kind of tenant agreement those who of you have rented out such units have the tenants sign.

Post: Self storage financing terms these days?

Peter LeePosted
  • Developer
  • Los Angeles, CA
  • Posts 101
  • Votes 13
Originally posted by @Henry Clark:

You need to check local and also have the current bank put a package together.  Ask them what their Loan Cap rate is, see if that is the issue.  

We are in Iowa and I have noticed the market is different by state.  We can do 25% down conventional LTC loan to cost, 5 year with 20 year amort, Interest rate x.xx%.

Helping out on a deal in Texas.  They won't do a construction loan.  Won't do SBA.  Want to wait till 70% occupancy.  Three banks want 40% LTC, 5 year with 20 year amort.  Didn't discuss interest %.  Since this doesn't work for us.

Your market looks tight already and sounds like you won't have an existing banking relationship to work from.  You will have to check locally.  Each person will be different based on years in that RE class, personal wealth statement and existing Storage cash flow.

Back to refi out of an SBA loan. The only reasons to refi out are: A. You want to use the property for collateral on another Non-SBA type project, B. Your needing short term personal cash flow. If you move to a Conventional Loan, you have to pay in more LTV and/or LTC; higher interest rate; no 20 to 25 year fixed term loan; and you have to pay in new mortgage costs (appraisals) and effort. If you took Covid relief SBA 6 month funding, you will probably need to repay that.

We are just closing on an SBA loan for one of our Storage locations and filing for two other locations.  I'm interested, what is your justification?  If its just to pull out Personal money, I don't need to know the situation.

Apologies for late reply. SBA refi is to lock in cheaper rate mainly. We had someone get back to us and quote in mid 3's, 65% LTV

Post: Self storage financing terms these days?

Peter LeePosted
  • Developer
  • Los Angeles, CA
  • Posts 101
  • Votes 13
Originally posted by @Henry Clark:

Talk with the original bank that sponsored the SBA loan.  They are familiar with the deal and should give you terms.  Let us know what those terms are.

Good suggestion and we've been trying that but they were straight up with us and told us they weren't a good option for conventional as their niche was SBA. LTV would be at best 60% but who knows maybe w the appreciation it's possible. We are keeping that in our back pocket for now.

Post: Self storage financing terms these days?

Peter LeePosted
  • Developer
  • Los Angeles, CA
  • Posts 101
  • Votes 13

Anyone have an idea of what conventional financing terms (rates, term, LTV) are available these days for refis? We have a facility in Southern Cal that we are looking to refi out our SBA tranche (long story on why we want to explore taking this out).

Any bank suggestions appreciated too!

​​​​​​​TIA

Post: Convincing a homeowner to sell

Peter LeePosted
  • Developer
  • Los Angeles, CA
  • Posts 101
  • Votes 13
Originally posted by @Just Don:

Here is a small point from real estate career MANY moons ago.

"IF" you are making a cold call door knock and not going to be there forever,,,leave your car running and the car door 'open' while your 'talking' thru the house front door.

It conveys the message I am NOT here to twist your arm,just came to drop off a bit or two of info!! And I will be gone 'soon'. Quick errand so to speak.

You will find them more relaxed than you knocking on door with enough 'luggage' to stay a week. Leave the breif case etc in the car. Maybe a paper or two in your hand.

I like this.  Think naturally people will be extremely suspicious of someone knocking on their door so maybe that first visit is just planting the seed...