Real Estate Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Real Estate.
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.”
A property investor in Dubai may withhold payment of due installments whilst the developer is in breach of his contractual obligations.
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.
Dubai Court ordered developer to compensate buyer for the shortfall in the size of the sold property and all its supplemented areas.
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?
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.
When renting out a property you own, it is only natural to want to make the most money and incur the least expense. Unfortunately, for some landlords, this leads to cutting corners in the legal department; a potentially very costly mistake. The following are a few common mistakes landlords make during the eviction process and what you can do to avoid them:
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.
Ever had the house guest you just cannot get to leave? Maybe someone you thought you could share a relationship with and things did not work out, or a friend or family member who just cramps your lifestyle, eats your food, and does not contribute to the bills? Whatever the case may be, getting someone out who has overstayed their welcome can sometime be a very difficult task. So, how do you throw someone out of your house?
A common question among small business owners is who will be responsible for debts and other obligations if a business entity folds or reorganizes. Many things can happen in the life of a business entity, whether a corporation, LLC, partnership, or sole proprietorship, and this can lead to questions about who will be left holding the bag.
Millions of Americans work from home, either all of the time or on occasion. But, if a fire, flood, or natural disaster were to hit your home, would your insurance cover the lost business revenues, office equipment, or property belonging to your company?
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.
When any sort of natural disaster hits, it can be terrifying. Once it has passed, though, victims are often left wondering what they need to do to pick up the pieces. Is there anything they need to do in filing their insurance claims to make sure that they will get paid soon and as much as possible? This is especially important for those whose houses are destroyed and who have lost everything.
By Kassouni Law
A question of free market vs. government over-regulation to address the issue of environmental sustainability.
As the real estate market in the U.S. has made a strong indication of recovery, some outside of the United States have begun to look again at American real estate investments as a possibility. This leads some to wonder, though, whether it is even possible for a foreigner to buy real estate in the U.S.? If so, are there any special laws to be aware of or taxes that must be paid?
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.
When dealing with a contract dispute, particularly in the case of an oral contract, one may hear the term “statute of frauds” used. This does not refer to the commission of an actual fraud, but rather, whether the contract had to be in writing or not. So what is the statute of frauds and when does it apply?
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.
Squatting is the act of taking over custody and possession of someone else's real estate without permission. It can often be difficult to oust squatters, and in many jurisdictions, if the squatter does things in a certain fashion, they may even be able to take away ownership of the property through a process called adverse possession.
Most lawsuits settle rather than going all the way to judgment. In fact, the vast majority (often estimated around 90%) of all cases will settle before a trial, and a substantial number of those remaining cases will settle before the verdict is returned.
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.
Many real estate transactions include many parties, including investors, brokers and contractors. In order to ensure that all parties benefit from such arrangements, formal structures are often established. Some of the issues that are considered regarding joint ventures are discussed below.
Richmond, California has developed a unique solution to the problem with homes that are underwater after the mortgage crisis. It is using the government's authority to take title to property through eminent domain to reduce the underwater mortgage debt in the city.
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).
And You Thought Your Legal Fees Were High...Banks' Legal Fees Top $103 Billion After Housing Bubble Burst
If you have ever complained about your legal fees, or been reluctant to hire an attorney because you did not think you could afford it, just be glad you are not one of the six largest US Banks recovering from the collapse of the housing market and resulting financial crisis. Bloomberg reports that together, they have amassed a whopping $103 billion in legal costs since the beginning of the Great Recession.
In my former legal practice, I found that few cases were more prone to absurd happenings, bizarre government policies, or overly expensive litigation than pet cases.
Leases are tricky things. They are a combination of contract laws, agreements between the parties, and laws and regulations that relate to landlords and tenants, housing standards, zoning, safety, etc. As a result, although a lease agreement may say you have to pay rent always and under every circumstance, there are plenty of times when one of these other laws may intervene.
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.
Building codes establish standards for the construction of buildings and other structures. Virtually every structure in a modern building is subject to at least one, and usually several different building codes.
The single most common cause of construction litigation for non-private, residential projects is delay. Delays may cascade from one contractor or trade to another, causing a domino effect that can lead to a very expensive conclusion. After all, time is money, and delays on commercial projects can mean thousands or even millions in lost revenues to the property owner.
We have all had the situation at some point: a neighbor that cares for nobody but themselves. Stereo blasting late at night, dogs barking or attacking others, construction that causes damage to our property...the list goes on. So what do you do in those instances when reasoning with the neighbor just is not working?
Getting behind on rent and receiving an eviction notice can be a traumatic experience. While every state is different, most share certain characteristics, and it is important to know how evictions work in order to know what you should do.
Eminent domain, or the process by which the government takes property from private owners, can be a confusing process for many. The most common use of eminent domain is to obtain title to property used for roads and other public facilities. But, this is changing. Cases have held that eminent domain can also be used for the purpose of economic development. So how does eminent domain work?
If you live in a homeowners association, condominium, co-op, or other community association, you are probably already familiar with the concept of paying assessments, dues, service fees, or whatever your association may call them. But what happens if you get behind in paying your assessments? Can you stop paying these fees if you think your association is not treating you fairly?
Have you purchased a piece of land only to discover after the sale that there was pollution on the property? Are you thinking of selling a house and wondering how much you need to disclose? Understanding the laws related to environmental disclosures can mean the difference between a costly lawsuit and a smooth transaction.