HG.org Legal Resources

Real Estate Law Articles

Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Real Estate.


Use of Easements

  By Gunster
An easement is a grant of permission by the owner of land (known as the subservient estate) in favor of the owner of a different parcel of land...

Before You Buy or Sell, Check Indoor Air Quality

Mold, Radon and other contributing factors to indoor air quality can significantly alter the value of a property and how well it sells. It can...

Purchasing of Land in Bulgaria by Foreigners after 01.01.2012

Legal comments on the possibility for acquiring of land by foreign citizens following expiration of the 5-years period of prohibition

Italian Inheritance Rights Depending on Your Marital Status

It is always a difficult topic to address when one talks about the death of a spouse: this article aims to clarify some of the issues people...

Wischmeyer Professional Service Access Plans

The world of law, tax and real estate continue to become more and more complex. Costs can be a strong deterrent to a person seeking professional...

California's Homeowner Bill of Rights

In January 2013, the California Homeowner Bill of Rights will take effect, providing unparalleled protection for homeowners across the state....

As the FED Buys $40 Billion Worth of Mortgages a Month, Homeowners Need to Pay Attention

Will the FED's actions affect you?

I Owe More than My House is Worth and Waiting on the Bank to Threaten Foreclosure --- What Can a Homeowner Do?

The United States is going through one of the worst recessions since the Great Depression. Bankruptcy filings have increased, unemployment is...

Government Agency Established to Curb Large Banks from Committing Fraud Is Now Targeting Homeowners

Learn how a federal agency, made to protect homeowners, has now turned on them.

Condominium Issues in the Purchase of an Apartment in Malta – What to Look Out For

If you are considering purchasing an apartment in Malta, among your enquiries you should consider what to look out for as far as condominium...

Hungary to Offer Investment-based Permanent Residency for €250,000

A major development in Hungarian immigration policy affecting ’investor residency’ is anticipated imminently. On 27th October, 2012 the ruling...

Contractor-Friendly PA Mechanics' Lien Change

A recent Pennsylvania Superior Court decision may have very well changed the PA Mechanics’ Lien Law dealing with repayment priority, to the...

The United Nations Convention on Contracts for the International Sale of Goods (CISG)

  By Zorlu Law
Formation of the contract under the Vienna Convention on Contracts for the International Sale of Goods 1980 (CISG) in comparison with Turkish...

Doing Business in the Republic of Trinidad and Tobago, Legal Series

Introduction - The concerns of our clients are always paramount and it is for this reason we have embarked upon the “Doing Business in the...

Singapore Business Law - Refinancing (Money Saving Tip)

The recent economic downturn have resulted in many of us tightening our belts. For most of us, this means having to forgo our annual overseas...

Governor Regulation of DKI Jakarta Number 38 of 2012 on Green Building - Indonesia

  By Leks&Co
Local Government of DKI Jakarta has issued the Governor Regulation of DKI Jakarta Number 38 of 2012 on Green Building (“Governor Regulation...

Certificate of Feasible Function under Local Regulation of DKI Jakarta Number 7 of 2010 on Building - Indonesia

  By Leks&Co
Building utilization is an activity of utilizing a building in accordance with the functions which is specified in the building construction...

What You Should Know About Buying a Home

Introduction Home ownership can provide you with many benefits: secure shelter, a long-term investment and tax advantages. However, a home...

Minors and Conveyances

  By Gunster
Mary Smith contacted me to assist her in the sale of a vacant lot owned by both Mary and her son, Michael. Mary originally went to a local title...

Buying Property in Cyprus – Guidelines to Prospective Foreign Buyers

In the Republic of Cyprus, a foreigner can easily proceed with the acquisition of immovable property. There are three stages which have to be...

Judicial Foreclosure Creates Conflict for Redemption Rights and Fair Market Valuation

Arizona borrowers have two foreclosure options: non-disclosure (aka trustee sale) and judicial foreclosures. Arizona borrowers are not...

Law Number 20 of 1961 on Revocation of Rights of Land and the Objects over the Land - Indonesia

  By Leks&Co
Under Article 1 of Law Number 20 of 1961 on Revocation of Rights of Land and/or Objects Over the Land (“Law No.20/1961”), President in an urgent...

Taxation Aspect of Property Sale and Purchase - Indonesia

  By Leks&Co
Business sale and purchase of property has been demanded by many people. In performing the business sale and purchase of property, it does not...

Bankruptcy vs. Loss Mitigation

There are differences between bankruptcy and loss mitigation when it comes to solving your mortgage problems. A Broward County foreclosure...

Top Tips About Binding Arbitration Clauses

The traditional method to handle a contract dispute has been to use the court system which has a long process and can be very expensive. Another...

Leases for Medical Offices

Medical offices need special lease provisions. All leases need negotiation and revision, but leases for physicians need a little more. In this...

How Do You Join a Class Action Lawsuit in Canada?

A class action lawsuit is brought collectively by a large number of people who harbor the same legal complaint against the same defendant....

Check List for Acquiring Landed Property in Ghana

The number of land disputes pending at various courts in Ghana bears testimony to the problems surrounding land acquisitions. One false step in...

Do I Need a Real Estate Lawyer in Seattle to Build a New Home?

It has become widely accepted that it is important to have a real estate lawyer Seattle when you are buying an existing home. After all, you...

Renter’s Have Rights

Have you ever rented an apartment for yourself or one of your kids and wondered if all your rights are being protected and respected when moving...

Summary of the Local Regulation of DKI Jakarta Number 7 of 2010 on Building

  By Leks&Co
Background - The Province of DKI Jakarta is the one of the biggest city in Indonesia. As the capital city of Indonesia, DKI Jakarta provides...

The Breaking, Separation, and Merging of Land - Indonesia

  By Leks&Co
Background - The regulation on breaking, separation, and merging of land is contained in the Government Regulation Number 24 of 1997 on Land...

Legal Aspect of the Grant of Right to Build or Right of Use Over the Right of Ownership Land - Indonesia

  By Leks&Co
Under Article 35 paragraph (1) of Law Number 5 of 1960 on the Principle Provisions of Agrarian (“Agrarian Law”), it is stated as follows: “Right...

Doing Business in the Dominican Republic

Dominican Republic has best legal framework for the Foreign Investment - Legal System - The Constitution of the Dominican Republic defines the...

Know Your Forms - A Step by Step Guide to the HUD-1

The HUD-1. With every refinance transaction you will need to review and sign a HUD-1 form – also known as a settlement statement or just the...

Recommendations for a Foreign Retailer in Ukraine

From the moment foreign investors enter Ukraine they face a “non-Western standard” business environment, confusing and unstable legislation, and...

Can You Really Become a Lord of the Scottish Highlands for Less than $50.00?

Some would have you believe that Scots law allows anyone to be the Lord of, if not all he surveys, at least a square foot of the Scottish...

Overview of Immigration Program for Investors in Dominican Republic: How apply for Residence and Citizenship

Every citizen, no matter the country of origin, can apply for the Dominican residence and then for citizenship, providing that fulfills all...

Foreign Ownership of Immovables - Turkey

The Turkish Parliament has enacted a law, Law No 6302 (“Law”) that enables foreigners to buy real estate in Turkey in line with the interests of...

How Bankruptcy Can Help Foreclosure

Facing foreclosure is never easy, but there may be alternatives. If your lender is not willing to negotiate short sales or a loan modification,...

Summary of Minister of Public Housing Regulation Number 06/PERMEN/M/2009 - Indonesia

  By Leks&Co
Background - The purpose of the issuance of Regulation No. 6 is to implement the provisions of Article 7 paragraph (2) and paragraph (3) of...

The Legal Status of Parking Space under Condominium Law - Indonesia

  By Leks&Co
Condominium is a multilevel building which is built in an area that is divided into sections which are structured functionally, whether...

Zoning Restrictions in Commercial Developments

With the constant development that occurs in real estate, zoning restrictions are placed on what can be built and how it can be used in a...

Michigan Tax Tribunal Undergoes Procedural Changes

For various reasons relating to the increase in property tax appeals in recent years, the Michigan Tax Tribunal has found itself in a position...

Can a Real Estate Lawyer in Seattle Help with a Lease?

If you own property and you wish to rent it out to residential or commercial tenants, you may be uncertain of how to get started or of what type...

Draft Version of the Code Regarding the Property Purchase by Foreigners in Turkey

Following the said draft becomes law upon the decision of the parliament; foreigners will be able to purchase property from all sides of Turkey...

The Procedure for Foreigners to File a Lawsuit or Initiate a Collection Proceeding in Turkey

In the event that the individual or the legal entity that has conferred power of attorney to a lawyer in Turkey files a lawsuit or initiates a...

About Common Construction Defects

Builders will often have to deal with alleged construction defects that can cause serious litigation issues. From problems with installed air...

Using Your Traditional IRA to Buy a Home

For many individuals, buying their first home is difficult because of the need to save up enough money to make the initial payment or to cover...

General View Over the Provisions Applied to Leases of Real Estate within Turkish Code of Obligations No. 6098

1. Upon the legitimacy of the New Code of Obligations, what kind of a legal arrangement regarding the Real Estate Leases has been enacted? - The...

The Basics of the Home Affordable Refinance Program (HARP)

This article covers the eligibility criteria for homeowners who wish to lower their interest rates and monthly mortgage payments through the...

Before You Hire a Condemnation Attorney Ask These 9 Questions

When the government has condemned you land this is often referred to as eminent domain. When faced with eminent domain, you should consider...

Do I Need a Seattle Real Estate Lawyer to Invest in Real Estate?

If you are considering purchasing investment property, rather than a primary residence, getting help from a Seattle real estate lawyer can be...

Ukraine’s Foreign Investors and the Lifting of Farmland Moratorium

Ukraine has long been called “the bread-basket of Europe,” and for one excellent reason: its fertile, black soil. The estimated value of this...

Landlords' Classical Questions on the Consumer Protection Act in South Africa - Jan 2012 (Part 1)

Is it true that my tenant can in terms of the Consumer Protection Act (“CPA”) now cancel the lease by giving 20 business days’ notice, even if...

Tenants' Classical Questions on the Consumer Protection Act in South Africa - Jan 2012 (Part 2)

Can my deposit be used for my last months rental and other obligations to the landlord?

Real Estate Investments in Ghana II

This article provides an overview of the booming real estate market in Ghana. The article looks at some latent problems in the sector and how...

Power of Attorney - Revisited

  By Gunster
In previous issues of this magazine, I covered the use of a Power of Attorney (a “POA”) in real estate transactions for those situations in...

Right of Set-Off on Unrelated Projects

  By Gunster
Frequently, general contractors will work with the same subcontractor or supplier on two separate, unrelated projects. When that happens, the...

Purchasing Real Estate Property in the Dominican Republic: The Due Diligence Process

Persons, be either Dominican nationals or foreigners desiring to buy, resell or in any way dispose of real estate in the Dominican Republic...

How Will California’s Senate Bill 53 Affect a Broker’s In-House Escrow Services On July 1, 2012?

Learn how California’s Senate Bill 53 will change escrow law and how broker’s in-house escrow services must adapt. A number of real estate...

Adjudication of Land Registration - Indonesia

  By Leks&Co
Definition of adjudication based on Article 1 point 8 of Government Regulation Number 24 of 1997 on Land Registration (“GR No.24/1997″) is...

Acquiring Property in Greece - Buying Property in Greece

If you are planning to acquire real estate in Greece you have to set a perfect plan in order to put everything in the right place and to avoid...

Italian Lawyers, Italian Attorneys or Avvocati? - How to Qualify to Practice Law in Italy

The Italian term “Avvocato” (from Latin “advocate”) is normally translated with similar equivalent terms in the English language, namely with...

Homeowner's Do Not Always Have to Tender (Pay Mortgage) Before Suing the Bank!

Wrongful Foreclosure; Wrongful HAMP Denial: No tender is required to enjoin a foreclosure sale prior to the sale, in the event of [the bank’s]...

Be Bold During Commercial Lease Negotiations

A depressed commercial marketplace has resulted in a tenant’s market. Frequently, the lease terms for "Mom and Pop" shops are spelled out in the...

Foreclosure Defense Basics

This article details the basics of representing the homeowner facing a Maryland foreclosure. With the continued economic crisis, it is important...

Tips on Avoiding Bankruptcy and Foreclosure

Are you overwhelmed by debt? Filing for bankruptcy is not your only option! Through loan modification, short sale, or debt settlement, you could...

Disputes over Boundary Lines

Property records are not always clear when it comes to defining the boundary lines that belong to the owner. Due to the vagueness, many boundary...

Spring Housing Market in Chicago Sprouting New Growth

With the spring buying season quickly approaching, both buyers and sellers are wondering what the new season will have in store for the housing...

Impact of Online Video Distribution

Nationwide Telecommunications attorney Carl Kandutsch asks: Is online video distribution impacting cable subscription numbers? While it’s...

Dual Tracking is Expected in Ohio

Plaintiffs in Foreclosure litigation will continue to proceed with the foreclosure litigation despite having a loan modification application...

Defining Blight

When the government wants to take your land it may be because of blight. When the government wants to take your property under Eminent Domain...

How to Avoid Commercial Lease Disputes

The top 10 essential elements of a commercial lease... Most people are pretty familiar with the concept of leasing; most people experience...

Land Registration Activity - Indonesia

  By Leks&Co
Background - Definition of land registration in Government Regulation Number 24 of 1997 on Land Registration (“GR 24/1997”) constitutes...

California Building Codes: What Are the Consequences of Violations Causing Personal Injury?

Violations of California’s building codes resulting in serious or fatal personal injury have legal consequences for those responsible for the...

Legal Obligations and Liabilities of Condominium Homeowners’ Associations for the Common Areas in California Law

Legal obligations and liabilities of condominium homeowners’ associations under the Davis-Stirling Act under California law for the maintenance,...

Obligations of Paying Service Charge by the Owner of Condominium Units - Indonesia

  By Leks&Co
Each member of association of owners and tenants of Condominium units (“PPPSRS“) has rights and obligations in relation to management of...

Criminal Act Related to Condominium - Indonesia

  By Leks&Co
Criminal provisions related to condominium is regulated in Article 21 until Article 23 of the Law Number 16 of 1985 (“Law 16/1985″) on...

Short Sale Basics

Buying a home is one of the most significant purchases a person will make. The enjoyments of owning a home go a long way. However, it can also...

Calculating Property Taxes into Your Budget

It’s vital to understand how much your property taxes are going to cost before you purchase a property. If complications with your taxes arise...

Architectural Contracts, Disputes Architects, Design Professional Liens, Mechanics Liens and Copyrights

Contracts with Architects are different from many other construction industry contracts. First of all, the contracts are usually form contracts...

Substitution of Subcontractors Listed by Mistake in Bidding on a California Public Works Construction Contract

Correction of subcontractor listing errors and substitution of subcontractors listed by mistake in bidding on a California public works...

Due Process of Law Rights of Government Contractors who are Denied Work or Public Contract Bidding Rights

Due process of law rights of government contractors who are denied work or public bidding rights due to “de facto debarment“ from federal, state...

Why You Need a Real Estate Lawyer

Often times a real estate transaction involves the largest investment of your life. Having a real estate attorney involved can be the best...

Facing Foreclosure? Answers to the Top 7 Legal and Tax Questions: How to Avoid and What to Do

This is a collaboration between me, Adam Schachter, a bankruptcy attorney in Houston Texas, and Michael Plaks, a specialist in IRS Audits in...

Think Again Before You Buy a Foreclosed Home

Foreclosed homes are tempting offers for those looking to become homeowners, but people should be cautious before purchasing a home that has...

Proposed Residential Visa

The "Residential Visa" program will provide an opportunity for people worldwide to live in the United States by purchasing a half million...

Execution of the Mortgage - Indonesia

  By Leks&Co
Background - Mortgage regulated under the Law No. 4 of 1996 on Mortgage (“Mortgage Law”). Under the Mortgage Law, it is regulated that guarantee...

Dominican Law 158-01 of Tourism Incentives for Development

The tax benefits of Law 158-01 may extend to the purchase and acquisition of Dominican Republic real estate such as second homes and vacation...

The Closer

  By Gunster
At a real estate closing, the closing agent has multiple responsibilities, and must rely upon the cooperation of the parties to complete his...

Something New on the Arizona Anti-Deficiency Front For Construction Loan Foreclosures

Arizona homeowners, for the most part, are protected from their home mortgage lenders attaching other assets such as the cash in the bank,...

Real Estate Transactions in Mexico in a Nutshell

The Mexican Constitution expressly forbids the direct acquisition of real estate by foreign individuals or foreign entities in the so-called...

Foreclosure Mill Gets its Due

Foreclosure is always ugly business, but public complaints from homeowners alleging sloppy research, unethical filings, and outright lies, have...

Understanding What You’re Up against When Facing Foreclosure

The foreclosure process may be intimidating but it isn’t hopeless. If you choose to fight your foreclosure proceedings, you increase the chances...

Amendments to the Incorporation Terms of Real Estate Investment Companies

Communiqué on the Amendment to the Communiqué on Principles regarding Real Estate Investment Companies (Serial: VI, No: 26) (“Amendment...

Regulation Regarding Acquisition of Immovable Properties by Companies With Foreign Investment

Purpose, Scope, Basis and Definitions

Foreclosure Evictions / Unlawful Detainers

This article gives you a short outline on how to evict an occupant from a property that you just bought in foreclosure. Usually the properties...

Getting Started on a Commercial Eviction: the 3-Day Notice

This article gives a brief summary of the 3-day notice, which is how you start an eviction (an unlawful detainer lawsuit). Once the tenant...

Title Insurance in Real Estate Purchases

Title insurance in real estate purchases has always struck me as a mysterious and subtle thing. I remember reading a title policy for the first...


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