Real Estate Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Real Estate.
June 26, 2015 By Masson de Morfontaine
The Chinese real estate boom in Australia will only be accelerating. It is predicted that an additional $70 billion demand for real estate from Chinese HNWI investors and immigrants over the next five years to 2020. It is an inevitable trend since China is undergoing its unprecedentedly greatest wealth creation, and Australia is on China’s doorstep.
June 24, 2015 By HG.org
When renting an apartment or other home, you can be at the mercy of your landlord in many ways. Problems like leaks, mold, malfunctioning appliances, and other issues can make your home feel more like a prison. So, what can you do when your landlord fails or refuses to fix serious maintenance issues in your rental property?
June 24, 2015 By Youssry Saleh Law Firm
Real estate in Egypt is considered one of the main industries that have a significant effect on the gross domestic product and according to the world folio the growth rate of real estate sector in Egypt accounted 8 % in the 2013 GDP also, this sector absorbed about 14.9 % of the employment.
June 19, 2015 By Levi Solicitors LLP
People frequently question in they have the right to their own conveyancing solicitor. Of course you are, you’re about to make the largest financial transaction of your life.
June 16, 2015 By Jaburg Wilk
There are seemingly two types of people who live in houses or condominiums that are subject to rules and regulations, known as Codes, Covenants and Restrictions, or “CC&R’s.” There are those who live there because there are CC&R’s, and there are those who live there despite the fact that there are CC&R’s.
June 15, 2015 By Parris Whittaker, Attorney at Law
The UK courts have ruled in an important case involving adjudication agreements, affirming the commercial reality that clear drafting of contract documentation is critical.
June 12, 2015 By Schnitker Law Office, PA
In the event you as a business owner or homeowner or even a residential tenant are forced to move due to a government buyout, you are eligible for relocation expenses.
June 11, 2015 By The Law Offices of R. Sebastian Gibson
In certain circumstances, California Civil Code Section 1942 allows a tenant or lessee to move out of a rented property without prior notice when the property is uninhabitable. A rented property must be fit for humans to live in. When it is so unhealthy as to be a danger to the renter, the renter has the right to leave the premises even when there is a lease. However, there are steps to take before doing so in order to support your claim that the property is uninhabitable.
June 9, 2015 By HG.org
Many homeowners eventually find themselves in the position of wanting to rent their property. Unfortunately, home ownership does not come with a legal manual full of all the necessary forms to set up a lease arrangement.
June 15, 2015 By Parris Whittaker, Attorney at Law
Parties to commercial contracts owe various contractual duties to each other according to the terms of the contract. But what is the duty of care of a professional consultant to others, for instance, to warn of potential construction problems where there is a risk to others or property?
May 15, 2015 By HG.org
Anyone who has had a disagreement with a landlord has probably wondered if they could withhold rent until the issue was resolved. To the surprise of many, there are actually circumstances under which a tenant can lawfully withhold rent and not have to worry about getting evicted. So what are those circumstances?
May 15, 2015 By HG.org
As options for television channels have increased, satellite TV has become a very popular alternative to cable. Unfortunately, to receive these broadcasts, one needs to install a satellite dish on the outside of a building, and this can lead to disputes. Thus, many ask “can anyone stop me from putting up a satellite dish?”
May 12, 2015 By HG.org
The American economy has changed quite a bit over the last few decades. One of the biggest changes over the last 100 years has been a shift away from small, family owned stores to the “big box” megastore.
May 8, 2015 By Parris Whittaker, Attorney at Law
What is the extent of a valuer’s duty of care to an investor? The UK courts have considered this issue, which is of particular importance to the property and financial sectors, surveyors, and other experts.
May 8, 2015 By Parris Whittaker, Attorney at Law
A cautionary tale from the UK courts has emerged concerning fraudulent misrepresentations made to the purchasers during a property sale – leading to a substantial damages award.
May 5, 2015 By HG.org
Noisy dogs are a common legal dispute. After all, while pet owners may feel annoyance at a dog that barks at every little noise, a neighbor has absolutely no control over training the dog not to respond in this manner. Thus, as the neighbor, what can you do legally to get the pet owner to quiet his noisy animal?
April 30, 2015 By Cengiz & Opak Law Office
The expropriation procedure in Turkish law is conducted in accordance with Article 46 of the Constitution and Law No.2942 on Expropriation. In exceptional cases where there is a danger of disruption in public services, the method of immediate expropriation stipulated in Article 27 is employed.
April 29, 2015 By De Tullio Law Firm
Although you may be familiar with the words “Power of Attorney” you may not have a full understanding of the concept. In order to shed some more light on the subject, some basic facts about Power of Attorney are explained in this article
April 10, 2015 By Capital Legal Services, L.L.C.
The Moscow Government provides landowners an opportunity to pay for the permitted use in installments.
April 8, 2015 By Kalita, Markovich and Partners
Investing to the real estate market is very profitable in Ukraine. There are a lot of foreign companies which provide their activity in Ukraine with one purpose – to buy and rent the real estate. Ukrainian state bodies designed very good legal remedies for property and owners too. But now we still have a lot of legal gaps.
Every country has its own legislation regarding acquisition of real estate by foreign individuals within the scope of its own political, economical and social requirements. Acquisition of real property by foreign real persons in Turkey is restricted by laws as well. The main purpose of this brief article is to explore the legal restrictions of purchasing real estate in Turkey by foreign individuals.
With the world becoming more and more litigious, we all fear we might be sued over everyday actions or minor mistakes. In our market, homeowners are often trying to find a scapegoat for their financial responsibilities. Without following proper procedure, that scapegoat may be your HOA.
Right and obligation of property brokerage company is stipulated under the Minister of Trade Regulation Number 33/M-DAG/PER/8/2008 on Property Brokerage Company (“Permendag No. 33/M-DAG/PER/ 8/2008“). Property brokerage company is the entity that operates as a sale and purchase broker, lease broker, research and assessment, marketing, as well as consultancy and information dissemination relating to a property based on employer’s or client’s instruction under a written agreement (“Company”).
Law No. 20 of 2011 on Condominium (“Condominium Law“) requires a developer to separate the condominium with condominium unit, common equipment, common facility, and common land, when the developer constructs a condominium.
Due to the financial crisis in the US in 2008, Costa Rica was seriously affected in the real estate field, because most of the people that were buying properties, mainly in the Pacific and Caribbean area, were coming from the U.S.A. and some other foreign countries. However, since 2012 Costa Rica has been experiencing a new growth in real estate.
If a private person or a legal corporation wants to purchase a property at the beaches of Costa Rica, whether it is to build a house, hotel, resort or business, first it should be informed about the requirements to obtain a concession in the maritime zone. To have a concession means that the person doesn’t acquire the property, but obtains a permit for using it, that allows the exploitation and enjoyment of the land, according to the parameters established by the local regulatory plan.
To receive a highly professional legal advice based on experience in Real Estate will be vital to make sure that the land you want to purchase for starting a real estate project (horizontal or vertical condominiums, houses, gated communities or commercial) is ideal and doesn’t have any kind of building restrictions.
On Thursday, January 1st, 2015, the updated Manual de Valores Base Unitario por Tipología Constructiva (MVBUTC in Spanish) took effect, which helps to establish the tax value of real estate properties that cost ¢121 million or more, including luxury houses, and that must pay the Solidarity Tax to the Strengthen of Housing Programs (Law 8683).
According to RealtyTrac, there were 16,700 zombie foreclosures in New York in 2014. That number has since risen by 54 percent. These homes are often the houses that bring a neighborhood's value down; the houses with unkempt lawns and boarded-up windows that are easy to ignore and forget.
Nowadays, land property is one of the most profitable objects of investment in Ukraine. Both Ukrainian and foreign investors show their interest in this sphere.
Federal Law No.46-FZ “On amending the Administrative Offences Code of the Russian Federation,” increasing the administrative liability for unlawful use of land parcels (the “Federal Law”) was adopted on March 08, 2015, namely:
You have just found the perfect spot. It is right where you need it, the rent is just right, and you love the floorplan. Things seem great until one day you come home to find the landlord or one of the maintenance people in your home without your permission.
One of the main issues a Florida couple will have to deal with during a divorce is what to do with their home.
It is late at night, you have to work in the morning, but all you can hear is the thumping of your neighbor's stereo next door. You have asked them to turn it down before, but they do not seem to get it and the racket continues. Now, it is time to take things to the next level. So, what can you do about a noisy neighbor?
Agreeing with your spouse to reimburse him or after a shopping trip? A contract. Buying a plane ticket? A contract. Signing an offer letter from an employer who has offered you a job? A contract. A multi-page complex document laying out terms and conditions of a high value corporate deal? A contract.
Moving out of a rented property can be an exciting time. The thoughts of a new home or office and all that it has in store may be what dominates your thoughts. But, it can also be a stressful time, as well. This is particularly true when you are counting on getting your deposit back only to discover that your former landlord is trying to keep it or even charge you additional fees on top of it. If you believe these charges are unjust, what can you do to fight it?
If I purchase an apartment in a communal building, what exactly do I own? Am I entitled to a section of the pool, corner of the gym and rights over a particular elevator? Or do I only have rights over anything within the boundaries of my specific plot?
The basics of buying freehold property in Abu Dhabi are the same as anywhere else in the United Arab Emirates. However, unlike Dubai, Abu Dhabi does not till date have specific laws/regulations regulating sale and purchase of real estate by foreigners (i.e. off plan sale, real estate brokers and agents, escrow accounts, jointly owned property (Strata Law), etc). Such being the case one needs to be even more careful and exercise greater due diligence while purchasing property in Abu Dhabi.
Parties to commercial leases should appreciated and understand the extent of their rights and responsibilities to commercial landlords, to minimize the risk of disputes.
The endless opportunities that Dubai is bringing back to its real estate sector and the influx of new people relocating to Dubai have substantially increased the Dubai property demand. The basics of buying a property in Dubai are the same as anywhere else in the world: “One needs to be very careful in closing a property deal”.
If you are facing foreclosure, don't give up hope just yet. There are ways you can work to keep your home. Before signing away your deed or allowing the bank to foreclose on your house, contact an experienced foreclosure attorney to discuss the options that are available to you. Depending on your circumstances, keeping your home can be fairly simple or require a more complicated strategy.
Georgia's Right to Repair Act allocates specifics obligations, duties and rights to homeowners and home builders. And this article helps explain the process in an effort to avoid construction litigation.
Purchasing a home, especially for the first time, can be a very scary but wonderful experience. Below you will find information that is sure to answer many of your questions regarding the purchase of your first house or apartment!
Deciding on the purchase of real estate and its further lease in Ukraine, any foreigner / should consider the order of actions according to all legal requirements of current Ukrainian legislation. It is necessary to advise in order to care about and secure his/her future financial safety as well as prospective investments towards further monetary growth.
The majority of construction contracts include a provisions referred to as the "No Damages For Delay" clause; a well-drafted clause can limit a party's exposure to damages in the event of a delay on the project's schedule. Despite these provisions, there are exceptions to their enforceability.
The next foreclosure epdimic is coming from hundreds of thousands of Home Equity Lines of Credit (HELOC)s that are coming due after their 10 year term.
Procedures of Land Acquisition in the Framework of Investment – Land Acquisition Deriving in Indonesia
Land Acquisition in the framework of investment is particularly regulated by Decree of State Minister for Agrarian Affairs/ Head of the National Land Agency Number 21 of 1994 on Procedures of Land Acquisition for Company in the Framework of Investment (“Kepmenag No.21/1994”).
Provisions of law concerning Management of Household Waste are regulated in Government Regulation Number 81 of 2012. To implement certain articles of that Regulation it is necessary to stipulate a new Regulation by the Minister, called Regulation of the Minister of Public Works 03/PRT/M/2013 (hereinafter referred to as: "Regulation 03/PRT/M/2013").
Early 2014, in February, the Regulation of the Minister of Public Works Number 01/PRT/M/2014 on Standard Minimum Service on Public Works and Space Layout (SPM) was promulgated. SPM means the terms on the type and quality of basic services on public works and space layout constituting obligatory affairs of the region that every individual has the right to obtain. This regulation revokes the previous regulation of 2010.
In 2014, the rules regulating the Wisconsin Estate Recovery program were updated to allow Medicaid and other long-term care insurance programs to recover funds from recipients of such coverage after they have passed on by claiming parts of their estates.
Setting up a business in a new jurisdiction often calls for deciding on legal structure of entity to be incorporated. Investors may consider setting up a sole proprietorship, a limited liability partnership, joint-venture from of business or operate as co-operative society. There is no yardstick in choosing the entity type - a lot depends on careful planning, understanding governance norms, exit strategy & more. The best choice isn't always obvious or readily available.
Beginning in 2015, the general rate will be 24% instead of the current rate of 24.75%.
If a party to a commercial contract is in breach of its obligations, the court may order specific performance – but not necessarily. In a recent case(1), the UK’s Technology and Construction Court (TCC) considered the circumstances in which the court will order specific performance of a contractual obligation.
In large construction projects, it is not unusual to have a joint venture between parties; when these joint venture agreements are terminated, however, the specific terms must be scrutinized. A recent Georgia Court of Appeals case discusses some important issues such as fiduciary responsibility, contract ambiguity, and indeminification.
The present article discusses cancelled real estate projects in Dubai and provides regulatory update on new law governing cancelled and stalled construction projects in Dubai, United Arab Emirates.
A question of free market vs. government over-regulation to address the issue of environmental sustainability.
The rising number of marriages between Turkish citizens and foreigners brings in issues related to marriages of this type. From a legal point of view, the two important issues as regards to this may be the distribution of matrimonial property and inheritance. Under this topic we will basically address the issue of inheritance in Turkey, in line with the growing number of demands of legal assistance from our office.
A recent decision by the Georgia Court of Appeals has given homeowners loop-hole against lien claims as the lien claimant's summary judgment against the homeowner was reversed.
Before purchasing a real property it is obvious that the purchaser examines whether the seller is the registered owner of the property and whether the title deed lists any encumbrances relating to the property. If, however, the investigation stops at this point and does not cover the transaction on the basis of which the seller acquired the property, the purchaser may face some unpleasant surprises.
FIDIC, (Federation Internationale Des Ingenieurs Conseils), International Federation of Consulting Engineers aims to find a resolution in construction sector. There are five different FIDIC contracts in different colors that regulates different and separate obligations and rights.
Buying property is one of the best ways to make an investment in Turkey whether it is for your personal use or commercial activities, bearing in mind the liberal investment climate and economical development of the country. Whatever reason you may have in mind, you must know that Turkish law enables foreign real or legal persons to own full ownership of immovables in Turkey in accordance with some restrictions.
Construction cases often result in particularly valuable lessons for lawyers and commercial organisations alike who are involved in construction and property – particularly where work commences before the contract is finalised.
When one sells an immovable property which is held under a Deed of Transfer (Title Deed), the buyer upon paying the full purchase price, is entitled to take transfer of the property. The process by which the buyer takes transfer is called conveyancing. The person (a lawyer) who does the conveyancing is called a conveyancer.
When you let out your property you want to get money (rent) in exchange for the tenant’s occupation or use of your property. However, it is not unusual for a property owner to end up losing money instead of making it. How does this happen? Well, this is mostly due to some serious mistakes that a property owner makes before or during the tenancy.
Contractors and suppliers, whose labor, services, equipment or materials were used to improve real estate, may be entitled to file a claim of lien under the Georgia Mechanics and Materialman's Lien Statute if they are not paid. Navigating this law, however, can be difficult so we have put together this step-by-step guide to help you understand the complexities of Georgia's Lien Laws.
In the property market it is usual to sell such commercial or residential real estates that are leased out. On the basis of the new Civil Code, the seller of such property will not be relieved, by the sale, from its liability towards the tenants. If the purchaser breaches any of its obligations towards the tenants, then the seller may also be held liable, even if the property had been sold many years ago.
In a very recent case, the Georgia Supreme Court upheld the lower courts' decisions to allow a performance bond company (who had to complete a public works project) to sue the State of Georgia for its default.
The recession has two valuable lessons for credit managers: First, even the best businesses can become significant credit risks, and, second, we have all had more practical experience in extending credit and collecting on past-due receivables. This article focuses on practical tips which credit managers can implement today to reduce the likelihood of nonpayment.
When does a limitation begin to run? Limitation periods (also known as ‘prescriptive’ periods) are an important element in litigation. A claim will be out of time if it is not made within the limitation period and the claimant will not be able to take legal action (subject to strict exceptions).
Getting paid on a construction project can sometimes be difficult. Securing your right to be paid by recording a lien can significantly increase your odds of getting paid. In this article, we will describe the documents you need to file and record, and when, in order to perfect your construction lien rights in Florida.
In recent years scientists have learned more about the potential dangers of mold and breathing it in on a daily basis. While some individuals may develop minor respiratory symptoms, such as coughing and wheezing, more serious conditions may develop, such as fungal respiratory infections. In many states, your landlord may have some responsibility to help remediate the problem.
Ready to move your startup out of the garage and into real office space? Here are some tips on negotiating your startup office lease.
There are many high-quality contractors in Central Florida that do an outstanding job, building beautiful homes. They try to get their projects finished on schedule and within their client’s stated budget, as they know that their hard-earned reputations are on the line.
After a vendor extends credit, it is vital that the vendor continually monitor the debtor for changes in its credit profile in order to minimize the vendor's risk of nonpayment. The following list of 20 early warning indicators, will help you see the risk coming before it happens.
Legal Notice 269 of 2014 has amended the Malta Retirement Programme Rules which were originally promulgated in 2012.
The American Arbitration Association offers new rules to reduce fees and speed the decision making process for the arbitration of construction claims between $75K and $5M.
There have been various reports in the media indicating that foreclosure rates have fallen to pre-bubble crisis levels.
A landlord is a person or entity that owns a rental unit. A tenant is an individual that rents or leases the unit on a month-to-month or fixed term basis. Before renting a unit, the unit must be fit to live in or be in a habitable condition. The legal term, “habitable,” means that the rental unit is fit for occupation and that it complies with state and local laws that materially affect tenants’ health and safety.
Italy remains without a doubt one of the most alluring countries to live in. From cities to countryside, mountains to the sea, Italy can offer a location to suit all tastes and property for every budget, in fact, to date Italy still remains a buyer’s market.
Should a property owner have to get a coastal development permit before he can close the gate to his private property? The Surfrider Foundation thinks so, and if it wins its current lawsuit against Vinod Khosla that could soon be the law of the land in California.
This guide is a summary of the pertinent information that California homeowners and their agents are required by law to disclose to buyers.
This case illustrates the critical need of a grantor to know the exact extent of his or her ownership interest when conveying an ownership or leasehold interest.
A grading subcontractor was not paid for putting in the roads in a new subdivision; after the construction lender foreclosed upon the project developer, the subcontractor sought payment from the bank. After the trial court awarded the subcontractor its full claim plus attorneys fees, the Georgia Court of Appeals reversed. Some very important lessons for subcontractors and lien claimants are made clear in the ruling.
Homeowners and contractors need to read this guide before beginning a home improvement project.
Reverse mortgages can be a good option for homeowners at or near retirement age in need of additional income. But there are strings attached. Read on to learn what you need to know before starting the process.
It is imperative that construction contracts provide a clear and concise directive in dealing with the fluid course every project takes. Doing so will greatly aid in avoiding the confusion and mistakes that often lead to costly and laborious legal action between disgruntled parties.
In today's cut-and-paste world, even leading contract attorneys make mistakes. If you want to make your contracts easier to read and promote a problem-free project, then consider implementing some of the changes which we have suggested here.
Water rights in Georgia vary according to the amount of water withdrawn from the water source, whether it is a surface water source (river, stream, reservoir) or a groundwater source (aquifer).
How to appeal a property tax assessment in Georgia.
Law description for business commercial companies established in Egypt. These rights have described according to the International Law in Egypt. Also the article says about private property in Cairo, Hurghada. But there are other rules for Sharm-El-Sheikh.
What is foreclosure? - To foreclose on property is for a creditor to assert a claim of right, given by the owner of property to a creditor, to transfer interest in property to the creditor in the event the present owner (borrower) fails to pay an obligation, usually created by a loan agreement or promissory note. In short, in most cases, it is when a lender takes property from its owner and sells it in order to satisfy an unpaid debt.
Clarifying some of the problematic issues related with testaments of foreign persons who have properties in Bulgaria.
Unmarried and in a Relationship: Protecting Your Rights with a Cohabitation Agreement in Massachusetts
Massachusetts does not recognize any rights for a couple that cohabit. This means that if your in an unmarried relationship and it fails, you do not have the right to palimony, separate support, alimony, property division or claim for loss of consortium. On top of this, the Commonwealth does not recognize “common law marriage”.
By Oaktree Law
Mortgage default risk continues to plague the housing recovery. A new report issued by the American Enterprise Institute indicated that the national mortgage default risk remained high in March, even though it dropped slightly from February.
The Home Equity Theft Prevention Act ("HETPA") became effective on February 1, 2007 and now governs certain sales of homes in foreclosure or default. If you are planning to sell a home in foreclosure or default, you should be aware of your rights under the Act, and know what to expect from a legitimate buyer. The Home Equity Theft Prevention Act was passed in response to recent scams which targeted homeowners in financial distress (often elderly or unsophisticated homeowners).
In real estate transactions in Spain it still happens more often than not that acquired objects or extensions have to be dismantled because renovations or extensions were not properly authorised or the authorisation was not registered with the different agencies involved. Subsequent permits are possible in some cases, but they do require a special process and incur substantial expenses.
It is customary to increase rents at lease contracts annually almost all around the world. Generally, the main source of such increase is inflation of monetary currencies and revaluation of the properties leased. However, there are legislative restrictions at many jurisdictions, limiting such application or predetermination based on contractual freedom on rental increases.
To say that the situation in Nevada between federal officials and cattle rancher Clive Bundy has gotten out of hand would be an understatement.
A common law system (one where previous court opinions define the meaning of the law) can be very useful. It can also result in some rather bizarre arguments being taken seriously, and even garnering the support of some members of the Supreme Court. Case in point: the plaintiffs position in Schuette v BAMN which the Supreme Court decided this week.
Occasionally unexpected issues arise that delay, or even stop, a real estate closing. There are also situations in which a Purchaser obtains title to property, and after closing learns that the property is subject to significant problems that would have been disclosed by the advice of an attorney or the review of a survey. Here are four recent examples: