Real Estate Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Real Estate.
November 28, 2015 By HG.org
A trust is a mechanism in which one person can transfer ownership of certain properties during his or her life of after death. A trust is subject to the provisions an instructions in the trust document. However, some trust are formed based on the conduct of the parties and their intentions as opposed to the official wording of a trust document. Constructive trust are formed as a remedy to prevent unfair results.
November 27, 2015 By Jurado & Farshchian, P.L.
A Florida Enhanced Life Estate Deed — also known as the “Lady Bird Deed” because President Lyndon Johnson used one to pass property to his wife, Lady Bird Johnson – is an estate planning instrument that allows a property owner to maintain control of his or her real property and avoid probate when it is time to pass the property on to heirs.
November 30, 2015 By Watkins Firm, A Professional Corporation
The nature of the relationship between a California general contractor and a subcontractor is legally quite complex. The general contractor awards a sub-contract based upon a bid, or extensive experience with a particular subcontractor. It is not unusual for work to begin on a jobsite under a subcontract prior to any physical agreement being drafted or signed.
November 24, 2015 By Jurado & Farshchian, P.L.
Enacted 52 years ago, the Florida Marketable Record Title Act (“MRTA”) is a statute many homeowners associations remain blissfully unaware of — usually to their detriment.
November 21, 2015 By HG.org
A tenant’s basic duty is to pay rent in a timely manner and to maintain the property up to a certain standard. Landlords also have certain duties. These duties may exist under contract provisions and/or under state and local laws.
November 20, 2015 By HG.org
There are many situations in which your property may be in the possession of another person. You may have visited someone overnight and left something behind. You may have broken up with a paramour. You may have been kicked out of the property by a roommate.
November 12, 2015 By Yav & Associates
Real estate market in the Democratic Republic of Congo [DRC] is vast, especially for urban centres, like Kinshasa, Lubumbashi, Kisangani, Goma, Kolwezi, Bukavu, Matadi, etc.
November 6, 2015 By HG.org
In most cases, a person is not legally required to hire a real estate lawyer before purchasing real property. However, real estate lawyers perform a variety of tasks that can help make the home buying process less complicated and that can tend to the buyer’s rights.
November 3, 2015 By Virasin & Partners
Evicting a Tenant in Thailand is not a simple matter. Leases are generally treated as a contract. There are procedures that need to be followed to terminate the contract.
October 13, 2015 By HG.org
When a person has more belongings than he or she can comfortably store in a home, he or she may take extra belongings to an off-site storage company. The circumstances about which the storage company can remove belongings are based on state law and the specific contract.
October 12, 2015 By HG.org
Many have fallen prey to the allure of a timeshare. The prices sound unbeatable, the amenities look amazing, and the idea of owning a piece of vacation paradise may seem too good to resist. Unfortunately, after buying a timeshare, reality sets in and many people find themselves wanting out of the agreement.
October 7, 2015 By Watkins Firm, A Professional Corporation
Construction law in California can be quite complex, and it is important to understand the best strategies for resolving disputes with contractors.
October 5, 2015 By Mariscal Abogados
More and more non-resident foreign nationals, attracted by the good economic climate, decide to buy a property in Spain. The drop in real estate prices has increased the number of investors.
4 Things Self-Managing Owners with Hawaii Vacation Rental Properties Should Do to Comply with New Law
October 2, 2015 By Richard Paul McClellan III Lawyer
Hawaii amended its Transient Accommodations Tax Law in July 2015. Effective January 1, 2016, vacation rental properties in Hawaii are subject to new requirements. Here are four things owner-operators should do to be prepared for the new law.
October 1, 2015 By HG.org
Homeowners associations are common in many areas and various types of development. The homeowners association, or “HOA,” is the governing body of the subdivision or complex. However, there are times when individual or multiple homeowners have a legal dispute with the HOA. Several options may be available to help resolve such disputes.
September 27, 2015 By HG.org
When purchasing real estate, many people look to their views to determine if they want to purchase the property. Better views often translate to more valuable pieces of property. However, in some cases, a neighbor may be able to block a view or otherwise exercise his or her own legal rights in order to build something on his or her property that may interfere with the other property owners’ privileges.
September 24, 2015 By HG.org
It happens to most of us at some point or another: a house guest comes to stay for a while, but ends up freeloading far longer than expected. When this happens, what can you do to get your pesky house guest to leave? Does the law offer any solutions?
September 20, 2015 By HG.org
Neighbor disputes can crop up due to a number of issues, but water damage issues due to the landscape of a neighbor’s property or naturally-occurring condition are some of the most common. The respective rights of each property owner depends on the specific circumstances involved in the case and local and state laws that address the subject.
September 23, 2015 By Canosa Abogados
On August 1, 2015, the new Civil and Commercial Code (hereinafter the “new Code”) will enter into force in Argentina. Chapter 4 of this new Code governs property law, maintaining most of the provisions set forth in the previous Civil Code, and also introducing new provisions.
September 11, 2015 By Ketenci & Ketenci
A country shall have regular human settlements and certain bordered zones, in order to provide a healthy environment and create feasible investment areas. For the purposes of meeting with the needs of the number of population in a rapid way, lands of the country should be planned and developed within the frame of specified master projects.
September 13, 2015 By Ketenci & Ketenci
Due to Turkey’s rapidly financial growth and increasing population, real estate market has been developing for last five years.
September 9, 2015 By Ketenci & Ketenci
No doubt the global economic recession and crisis have affected the European and US real estate markets. On the other hand, the real estate markets in emerging markets like Turkey are still promising despite the global crisis. In last decade, international real estate market has significantly developed in Turkey. Accordingly, the interest of local and foreign investors in the real estate market progressively increased every year.
September 5, 2015 By HG.org
Landlord/tenant law is extremely geographic-specific. Both state and city laws affect the legal rights and responsibilities of landlords and tenants. Many states have laws that favor landlords, while a few are more concerned with protecting the tenants’ rights. In order to legally evict a tenant, the landlord must usually follow a very specific legal procedure.
September 5, 2015 By HG.org
Question: I got evicted from my place without any notice. They threw away all my things – including my furniture and children’s items - without notice. I was locked up for about a month and a half. But I did not owe them any money.
Egypt in its accelerated movement towards economic reform has been emphasizing the importance of real estate development projects and large scale projects in order to restore the market and economy after its decline post Revolution of 2011.
Under current Florida law, there is a trap that can result in the expiration of the covenants for the community. Under the Marketable Record Title Act, Chapter 712 of Florida Statutes (“MRTA”), residential homeowners’ associations are required to preserve the integrity of the declaration for the entire community to retain the status of the declaration as the source of marketable title with regard to the transfer of a member’s residence.
Some significant amendments for real-estate acquisitions by foreigners introduced by a new Law. The most notable amendment in the Law is abolishment of the reciprocity clause. As a result, a foreigner may acquire a real-estate in Turkey even if a Turkish citizen may not acquire a real-estate in the foreigner’s home country.
As a result of the illegal annexation of the Crimea by the Russian Federation, many owners of the property and assets in the Crimea have gotten quite difficult issue: how to protect and save these assets?
California places heavy legal responsibilities on the seller in a real estate transaction to provide “meaningful disclosures” about the property they are attempting to sell. The failure to disclose known defects or issues that affect the “value or desirability” of the property can result in substantial liability to seller and their agent(s), and often result in litigation. It is not appropriate for a seller to simply list a property “as-is.”
By LPA Law Firm
In accordance with law no. 33/2012 “On the Registration of Immovable Property” immovable property should be registered in the immovable property register. This register is open to the public and is administrated by local Immovable Property Registration Offices. The local Immovable Property Registration Offices report to the Immovable Property Registration Office which is governed by a Board of Directors and the Chief Registrar.
An introduction to the different types of property easements, how to determine their location on a parcel of land, and what is required of the property owner.
Joint tenancy is one type of concurrent ownership in which two or more individuals own the property simultaneously. Joint tenancy provides a number of benefits to co-owners. However, it also poses certain risks.
Tenancy in common is one form of concurrent ownership in which multiple people own the same piece of property. It contains several unique characteristics and important differences from other types of concurrent ownership. Additionally, severing ownership of the property is different for each type of concurrent ownership.
Lawsuits filed by attorneys in California over Indoor Air Quality or Sick Building Syndrome, are increasing. The WHO estimates that nearly 30 percent of new and remodeled buildings worldwide have indoor air quality problems (possibly 20 percent in the U.S., according to one study). In California, dangerous indoor air quality and sick building syndrome are a growing area of law for lawyers in the areas of personal injury, real estate, construction, homeowner associations and business.
It is indeed important to modify the previous regulation since there were some situations in which the properties were sold by amounts not according to the reality granting an unfair profit to those people, and on top of that tax benefits that are intended to the lower classes.
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.
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?
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.
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.
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.
The UK courts have ruled in an important case involving adjudication agreements, affirming the commercial reality that clear drafting of contract documentation is critical.
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.
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.
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.
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?
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?
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?”
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.
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.
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.
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?
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.
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
The Moscow Government provides landowners an opportunity to pay for the permitted use in installments.
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?
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?
Parties to commercial leases should appreciated and understand the extent of their rights and responsibilities to commercial landlords, to minimize the risk of disputes.
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.
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.
By Kassouni Law
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.