Cyr

Cyr v. McGovran

Good Law
142 Cal. Rptr. 3d 34·206 Cal. App. 4th 645
Court of Appeal of CaliforniaMay 29, 2012No. B231155California2,257 words

Opinion

Lead Opinion

Yegan, J.

*648 Opinion

Law students are taught that ownership of real property can be compared to the possession of a “bundle of sticks,” i.e., there are certain rights and privileges associated with such ownership and that each stick represents a distinct right or privilege. (See, e.g., United States v. Craft (2002) 535 U.S. 274, 278 [ 152 L.Ed.2d 437, 446 , 122 S.Ct. 1414 ].) Here, appellants had an option to purchase real property. This does not give them a stick in the bundle. As we shall explain, an option to purchase real property is a contractual right which, if exercised, gives them the “bundle of sticks.” Then and only then does the option holder own an interest in real property which can be injured.

Scott Cyr, Mesa Vista LTD, and Mid-Coast Capital appeal from the judgment entered after the trial court granted respondents’ motion for summary judgment. Respondents are Century 21 Filer Realtors, Inc., Gail Kemble (listing real estate agent), and Ken Taylor (listing real estate broker). Appellants contend that their negligence cause of action, based on a perceived injury to real property, should be subject to the three-year statute of limitations of Code of Civil Procedure section…

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