Real Estate Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Real Estate.
March 24, 2017 By Ameli Inyangu & Partners
This is what a first time buyer of land in Kenya needs to know before engaging in conveyancing.
March 22, 2017 By HG.org
There are a number of ways in which real estate lawyers are able to transfer property from one owner to another. This is called conveyancing and is a legal means of property transfer.
March 22, 2017 By HG.org
There are several types of litigation possible involving real estate deals. It is when there are construction disputes that these matters become more complicated.
March 21, 2017 By HG.org
When a neighbor is being a nuisance, there are some instances where the person affected may file a claim against them. This is often seen when the nuisance affects the quality of life, the value of property or may injury someone through illness or bodily harm.
March 21, 2017 By HG.org
When property owners have disputes with others over trees, creeks, cattle crossing and other matters, it is important to know what the property line is that exists on the land.
Purchasing Immovable Property from Individuals in Russia: Why Marital Status of the Seller Is Important
March 21, 2017 By Mosgo & Partners Law Firm
When buying immovable property or shares in a company from an individual in Russia, one should take into account the potential rights of the seller’s spouse.
March 20, 2017 By HG.org
Consumers and buyers of real estate are protected by the Real Estate Settlement Procedures Act. When mortgage lenders, various servicers and brokers are involved in a deal, they must ensure certain disclosures are explained to these buyers about costs involved in purchasing the real estate.
March 20, 2017 By HG.org
The rights to minerals on land may be complicated when applied to inheritance or legal struggles. If there is a transfer of ownership, there could be several ways to transfer the rights.
March 9, 2017 By HG.org
The disclosure of certain details about real estate deals is usually misunderstood. What may be provided is not often known. This may be due to constant changes in disclosure laws.
March 8, 2017 By HG.org
Real estate processes are often complicated unless the individual has a background in these matters. For closings, different areas call this settlement or escrow.
March 7, 2017 By HG.org
Commercial transactions often have long-lasting consequences including the ability to gain or lose a significant amount of money. The due diligence process provides protection to buyers and safeguards against determinable issues that affect the purchase.
March 6, 2017 By HG.org
Whether renting a property or renting out the property, it is important to consider what lease provisions to include. Either party can make suggestions regarding the lease so long as any suggested provisions are not in violation of the applicable laws.
March 6, 2017 By Abdullah & Partners Law Firm
The constitution of the Hashemite Kingdom of Jordan clearly states that the judicial branch of the country is independent while judges only recognize the power and authority of the law.
March 6, 2017 By Cores & Associates, LLC
When a landlord takes on a tenant certain information has to be disclosed. The usual practice for doing so is to put it into the rent agreement. This will alert tenants as to whether they live in an area that is a flood zone or similar.
March 3, 2017 By HG.org
Real estate deals are often fraught with difficulty due to the purchasing, selling, clients and outside factors. When the home is in need of repairs, additional factors come into play.
March 1, 2017 By Torrente
The due diligence is one of the most important aspects when purchasing a property. There are at least three kind of due diligence.
March 1, 2017 By KM Legal Net
Eviction is a process that allows a landlord to lawfully remove a tenant from the leased premises. Most of the time eviction proceeding can be a daunting process, so if your tenant is in rent arrears, and you want to start an eviction procedure, you need a legal team able to understand the intricacies of tenancy law. Eviction proceedings are different in Italy and in UK, but both have got specific procedures that must be minutely followed in order to achieve your goal.
February 27, 2017 By Giambrone Law
Despite the fluctuations in the markets across Europe in recent years, statistics suggest that there is an increase in investment in the Italian real estate market on the part of foreign investors. Italy has always had a powerful charm, enticing people to its shores from all over the globe. The lure of the wonderful climate, unique history and culture, not to mention the fabulous cuisine and wines, all combine to make Italy a superb choice for a holiday or retirement property.
February 27, 2017 By Kydalov & Partners
More and more foreigners are considering a possibility to buy property in Ukraine, particularly in large and popular among foreigners cities like Lviv and Kyiv, as capital investment or as a place of temporary residence.
February 24, 2017 By HG.org
Some people who are buying or selling their home may try to minimize the cost associated with the transaction by foregoing using a lawyer’s services.
February 24, 2017 By HG.org
Boundaries with real estate are good to have so that each person is aware of what property he or she is responsible for. This also enhances relationships when there are fewer disputes.
February 24, 2017 By Law Offices of Shaun A. Hannafin, LLC
Tenants may picture themselves as suddenly homeless when subjected to the eviction process. In Massachusetts, the law includes many complex requirements that extend the process longer than most people might expect.
February 24, 2017 By Fasthoff Law Firm
What Does Copyright Protect? Copyright law protects original works that are fixed in a “tangible medium of expression.”
February 24, 2017 By Fasthoff Law Firm
Trademarks can play a vital role in protecting architectural features in buildings, including the design of nonfunctional exterior and interior features, and the layout of a store or business. Trademark law may also be used to protect an architect’s “signature” style in the design of a building, though in narrow circumstances.
February 15, 2017 By HG.org
A real estate lawyer performs many important functions. Knowing when you may need the assistance of a real estate lawyer may help you avoid potential problems.
February 14, 2017 By Carter Capner Law
There are legitimate reasons why you may change your mind or why a seller may decide to back out of the deal after a purchase contract has been signed.
GbR Can Terminate Tenancy Agreement if There is a Need to Make Personal Use of the Property in Germany
February 13, 2017 By GRP Rainer LLP
A Gesellschaft bürgerlichen Rechts (GbR) [a type of German partnership constituted under civil law] is able to terminate a tenancy agreement if it needs to make use of the property itself. That was the verdict of the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court, in its judgment of December 14, 2016 (Az.: VIII ZR 232/15).
February 13, 2017 By HG.org
Partition actions often come about because the property or land that has been purchased has more than one person’s interest. This could be a loved one or someone that has a financial interest.
February 10, 2017 By Kushnick Pallaci, PLLC
Most contractors know, or should know, that if they are performing "home improvement" work within Suffolk County then they must have a home improvement contractor's license issued by the Suffolk County Department of Consumer Affairs. However, what few contractors realize is that three towns within Suffolk County have their own home improvement licensing process and requirements.
February 10, 2017 By Kushnick Pallaci, PLLC
Contractors and suppliers file liens in New York because they didn't get paid. But because liens are statutory creatures, sometimes the most minute detail can void the lien and prevent the contractor or supplier from getting paid.
February 9, 2017 By Cores & Associates, LLC
Perhaps one of the most vital, and frequently neglected, aspects of personal and estate planning is legal and financial protection, in the event of incapacity or disability. Many older people, and their families, fear that the onset of physical or mental disability for their elderly loved ones as they advance in age.
Mechanic's liens can cause headaches for property owners across the State of New York, especially when they do not know how to challenge the lien. This article discusses the most common methods (and reasons) for challenging a mechanic's lien.
When building in the tight confines of New York City is is often necessary to work with your neighbor to allow the construction to be safely performed. It is also common that the construction will cause damage to the neighboring properties. This article discusses some of issues involved with such construction.
When a mechanic's lien is filed in New York the fastest way to remove it is to file a discharge bond. Discharge bonds are often misunderstood and this article removes the mystery.
February 6, 2017 By HG.org
Due diligence is the reasonable inquiry into a business proposal or through the process of buying or selling something of value. Through this process, individuals and businesses can often determine whether an investment or transaction may be a good deal.
January 31, 2017 By Cores & Associates, LLC
What is joint tenancy? It’s a form of joint possession of property. It’s similar to tenancy in common, however, the difference is that joint tenancy includes the survivorship right.
January 27, 2017 By Carter Capner Law
One of the common alternatives for investors is a stock option.
January 17, 2017 By HG.org
Defects are often found in products that are manufactured for consumers once the items have been distributed to retailers in usual circumstances. However, defects may be found in all manner of crafted items and objects around the world. Of these, some of the most dangerous may comprise problems in architecture and construction.
January 11, 2017 By Mallon Lonnquist Morris & Watrous
If the following occur or you hear the faintest whisper of any of them on the job site, consider the change order process triggered.
Old houses often have quirks that are not immediately noticeable. If the seller of one such property fails to fulfil his obligations to disclose and provide information, it may be possible to rescind the purchase agreement.
If you are looking to rent a house or property, it is important to be appraised about your rights and responsibilities as a tenant. The following web page is going to review the general renting rules for tenants. The article will also discuss the general tenancy agreement (Form 18a), entry to the property, extending a tenancy and ending a tenancy.
A legal entity in Bulgaria may be used as a suitable vehicle for different purposes, including for outsourcing business development, for real estate acquisition, for cost saving and planning, for starting of joint ventures and others. The process of setting up a company in Bulgaria is inexpensive. The flat tax rate of 10 %, the relatively low commercial and labour costs and the membership of the country in the European Union makes Bulgaria a strategic business destination.
SYRIZA won two national elections due to voter appreciation of its strong, anti-memorandum rhetoric. Support from ANEL and slogans such as “Seisachtheia” and “Termination of the MOU” summarized the essence of Prime Minister Alexis Tsipras campaign and convinced impoverished citizens to vote for him. However, the slogan that resonated in voters’ hearts and caused the biggest damage to the opposition was “No homes for banks.”
In many divorces, the biggest single assets are the retirement funds and the residential real estate. Sometimes, the only issue preventing an agreement is what to do about the house.
Hong Kong has one of the most expensive housing markets in the world. If you are an owner of a property enjoying an unobstructed sea view, you will naturally be quite unhappy about the loss of sea view caused by an adjacent development. This occurs quite often in the rapid building city of Hong Kong and was what happened to the plaintiff in the case of Yang Dandan v Hong Kong Resort Company Limited ( HKEC 2050).
Inheritance and succession issues in relation to UK citizens with assets in Romania are one of the areas about which we are being asked more and more to advise upon. As a Romanian law firm whilst we deal and advise on succession in relation to all countries in respect of Romanian issues, I wish to look briefly at the position so far as a UK succession is concerned
The state of Texas experiences more instances of high winds, hail storms, tornadoes, flooding, and other extreme weather events than any other state in the U.S. Although insurance offers home and property owners some protection from damage caused by extreme weather, many homeowners may be vulnerable due to coverage exclusions or bad faith actions by an insurance company.
The term FIDIC stands for the International Federation of Consulting Engineers, FIDIC was established in 1913, headquartered in Genève, and is aimed at finding a resolution in construction sector. The first edition of the conditions of the contract for works of Civil Engineering Construction was published in August 1957.
The main goal of the revised scheme is a further encouragement of Immediate Foreign Investments.
The conventional wisdom about the UAE is that it was built on oil first and property second. The country's most populous city Dubai is a living shrine to the role property has played in building society from the ground up; hardly a week goes by when a gleaming new skyscraper isn't added to the pack, which combined gives Dubai the tittle of the world's tallest city.
It has since become common for contracts with real estate brokers to be concluded online or by email. It is possible to withdraw from these contracts provided the statutory notice periods are observed.
It is not unusual that a contractor is declared bankrupt during a construction project. Most of the time, the project is continued by another contractor. But what about the architect’s copyrights on the design in this situation? Can the new contractor simply use this design?
The law reducing the Cyprus Property Transfer Fees for transfers applies only to the first sale of a property and it abolishes or reduces Transfer Fees provided that the Contract of Sale has been deposited .
Guidance on the right of withdrawal featuring the footnote “Nicht für Fernabsatzgeschäfte” (not for long-distance transactions) is ineffective. The Oberlandesgericht (OLG) Düsseldorf [Higher Regional Court of Düsseldorf] ruled that it is possible to effectively withdraw from loans accompanied by this kind of guidance.
If you are new to leasing investment property to tenants, you need to be sure that your rental agreement covers all the bases so you can protect your investment properly.
Proper written form should always be observed when it comes to commercial tenancy and lease agreements. Oral agreements may not be effective in cases where there is doubt, as demonstrated by a recent ruling of the Oberlandesgericht (OLG) Dresden [Higher Regional Court of Dresden].
Many UK nationals have purchased in Bulgaria an apartment, a house with land or simply a piece of land in the mountains or near the seaside to build on it or just as an investment. Such properties have been acquired either personally by the investors or through an investor´s owned Bulgarian entity that represented a vehicle to overcome the legal restrictions applicable at that time for the acquisition of land in Bulgaria.
Big rewards can be reaped by owning investment properties, but so too can big risks. One common threat real estate investors wish to avoid is personal liability for judgments resulting from a lawsuit.
Purchasing a residential property is generally one of the most profound, expensive and important decisions you make in your life. Even more so when purchasing a residential property in Israel.
Consumers could potentially save several thousand euros at the last minute by withdrawing from their loans. However, the withdrawal period is set to come to an end at exactly 12am on June 21.
Buying a home is a huge investment. It can be an excellent investment – but without proper planning and foresight, it can also turn into a disaster.
It is still possible to withdraw from a large number of real estate loans. The end of the withdrawal period only concerns loans that were concluded between November 2002 and June 2010.
Deciding to purchase a property is a critical decision. Once you decide to go ahead and make a real estate transaction, you will have to follow all the right and legal channels including conveyancing for you to have peace of mind that you are buying a legitimate asset.
Those who still want to withdraw from real estate loans concluded between 2002 and 2010 should take action now while the right of withdrawal is on its last legs. This get-out-of-jail-free card is set to lapse shortly.
The Florida Fair Housing Act and federal law prohibit landlords from discriminating against tenants based on a number of factors, including race, gender, religion, national origin, age, disability (physical or mental) or familial status.
If you are selling or leasing your home, you must comply with the Real Estate Transfer Disclosure Law. That law requires that sellers provide the prospective buyer with a Real Estate Transfer Disclosure Statement (“TDS”).
Buying or selling property is usually the biggest financial transaction in anyone’s life. It can have a ripple effect on your finances for decades to come. Whether those ripples are beneficial or detrimental depends on the details of the transaction.
Properties in an estate can often become a problem, not only because this might lead to disputes in cases involving multiple heirs, but also in connection with inheritance tax.
In the course of the business activity deregulation at compliance with the requirements of the Law of Ukraine No. 222-VIII «On Licensing of Types of Economic Activity» dated 2, March 2015 changes have been made to the List of the types of work of economic activity with the construction by the Regulation of Cabinet of Ministers of Ukraine No. 256 «Matters of Licensing for Construction of Objects of IV and V Categories of the Complexity» dated 30, March 2016.
Playing the get-out-of-jail-free card and withdrawing from expensive real estate loans is still possible until June 21 without consumers having to pay an early repayment penalty.
Whether you are selling or buying a home, the last thing you want to encounter are problems with the real estate title. Unfortunately, the foreclosure crisis that hit Florida so hard several years ago sometimes makes it difficult to obtain a clear or marketable real estate title.
Fire hydrants are critical to containing a fire once it breaks out. They are available within cities to extinguish consuming flames that have become too much for other simple remedies.
Property management has various funds to disperse to different areas that need repair or alteration. Some funds are reserved for emergencies, and some are used for maintenance.
Withdrawal can prove to be an extremely attractive proposition from a financial perspective, even for consumers whose loans have already been paid off. That being said, withdrawal should certainly be carried out before June 21, 2016.
In the State of Florida, it is not mandatory for the buyer or the seller to hire a real estate attorney for the closing of the sale of residential real property. Many operations are conducted through negotiations between the parties; real estate agents, and the involvement of a title company. However, real estate transactions are important and complex investments, and, in most cases, one of the most important purchases for an individual or family.
In a classical sense, a “greenfield investment” is the construction of a new industrial unit in a territory previously used as agricultural area.
Getting the right space to house your new business is essential, but you need to get it on the right terms to ensure your business is in a prime position to succeed. Commercial leases are prepared by landlords, and crafted to favor landlords.
When you purchase a property in Italy, you need to be aware of the amount of taxes you will be required to pay, and at that stage you need to be informed if you are purchasing a luxury home or not, this might make a huge difference, as a luxury home is excluded from “fiscal benefits”.
A quitclaim deed is used to transfer a property owner’s interest in the property to another person without any warranties or guarantees as to the state of the property.
Investment in real estate has always been one of the favorite choices for investors. According to Knight Frank Global Price Index Q4 2015 and Q1 2016 reports, Turkey leads global house growth with 18% and 15% in order. Furthermore, after the abolishment of the reciprocity principle in 2012, real estate acquisition in Turkey has been even more attractive to foreign investors.
Contingencies in real estate purchase contracts specify conditions that must be met before closing can take place. Some of the standard contingencies in real estate contracts include financing, inspections, insurance and other things that must be in place before the sale is completed.
Successful real estate investors know that to protect your investment, you not only need to have the proper insurance for your property, but you also need to take some extra steps to manage risk when leasing investment property to tenants.
Florida was among the hardest hit states in the national housing crisis, and state courts are still dealing with the flood of foreclosures crowding dockets. In 2013, the Florida Fair Foreclosure Act (“FFFA”) was signed into law in attempt to unclog the court system with an expedited foreclosure process that both hurts and helps distressed homeowners.
Even with the national economy and housing market on the upswing, Florida continues to have one of the highest rates of foreclosure in the U.S.
Chinese attracted by investments in Italian houses: In the last few years Chinese people have been attracted by investments in Italian houses. The are several reasons behind it: obtaining a Schengen Visa is one of them.
Beijing has recently held the twelfth edition of the Luxury property showcase, Real Estate Luxury Fair, promoted by the Ferretti group and Bank of East Asia, which granted space to 120 exhibitors from 35 countries and, above all, welcomed over 6000 visitors.
Enhanced life estate deeds, commonly known as “Lady Bird Deeds” provide a legal mechanism for property to pass automatically to a person or group of people without going through Florida probate.
There are several ways that homeowners can help guard against foreclosure so that they can keep their homes and avoid the negative consequences of this action.
The countdown is on for withdrawing from real estate loans. The deadline for withdrawing from legacy contracts is June 21, 2016. After this date, the so-called “ewiges Widerrufsrecht” (perpetual right of withdrawal) will cease to exist.
It is often possible to save several thousand euros by withdrawing from a real estate loan. Having said that, this so-called “ewiges Widerrufsrecht”, or perpetual right of withdrawal, shall cease to exist for legacy contracts on June 21, 2016.
Creditors who have sued (and won), may find that the debtor has moved its business operations or move its assets to another state. When this happens, the creditor should consider domesticating their judgment in the new state.
For the majority of cities and places, development is a good thing. Not only is it often a sign of economic growth, it can also mean additional jobs being brought into the area, especially when the projects include office buildings, warehouses, and other commercial properties.
Texas homeowners and property owners whose house or land has suffered water damage due to the actions of a neighbor or nearby business may be eligible to file a lawsuit. The first step in taking legal action is to talk with an attorney about your case.
By Kassouni Law
California land use lawyers have filed suit against the Association of Bay Area Governments in an effort to preserve Californians' constitutionally protected property rights
While the Board of a Homeowner Association (HOA) in California has wide discretion to act on behalf of its members through its architectural, landscape and other committees and to either fine you, send you a violation notice or require you to take actions which may be expensive, you have options to fight an unjust arbitrary, capricious, discriminatory or illegal action, most of which will not even require the assistance of an attorney and you can win.
Tenants who do not pay rent in time or otherwise violate the rental agreement that they have with the landlord may be subject to eviction. However, a landlord must carefully follow the laws related to eviction to avoid liability in this situation.
Many of the landlord responsibilities may be laid out in a lease agreement. Absent an agreement or a provision on the matter, Florida law and housing codes may be consulted to determine the landlord's rights and duties.
Landlords are not required to let their tenants destroy their property. They may take legal action according to local rules and the lease agreement.
A Florida land trust is a legal agreement under which the title of real property is vested to a trustee. The beneficiaries of the trust direct the trustee on how to maintain the property. The trust also allows the beneficiaries to collect rent without holding legal title to the property.
For the past decade cities such as Berlin, Leipzig, Munich and Bremen became and remain the focal point of interest of foreign investors who in the German real estate market are primarily looking for security and stability and secondarily high returns. Purchasing property in Germany though has its own rules which should be taken onto consideration before taking the step.