Real Estate Law Articles

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

Texas Eminent Domain Law 101: What Landowners Need to Know

  September 25, 2017     By Barron Adler Clough & Oddo, LLP
Eminent domain is a subject that many people have heard of, but few understand. The vast amount of land and natural resources in Texas makes...
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Buying Real Estate in Armenia - 5 Mistakes to Avoid

  September 25, 2017     By Vardanyan & Partners
Armenia has one of the most efficient and safe property registration systems, as evidenced by the World Bank's "Doing Business" report. That...

How Damages Are Calculated in Eminent Domain Cases

  September 22, 2017     By HG.org
Damages need to be calculated correctly for eminent domain cases to ensure fair and reasonable compensation. In order to do this, all factors of...

What Is a Tenancy in Common in a Commercial Real Estate Transaction?

  September 22, 2017     By HG.org
Commercial real estate transactions between the owners and the property may have a tenancy in common in place when there are co-owners that hold...

Why Landowners Decide to Ground Leases

  September 21, 2017     By HG.org
Renting a property is fraught with challenges, but landowners choose to ground leases for various reasons. This means that the tenant that rents...

How To Settle a Tenancy Dispute Case in Dubai

  September 18, 2017     By HHS Lawyers & Legal Consultants
The Tenancy Law or Law No. 33 or 2008 is the Regulating Relationship Between Landlords and Tenants in the Emirate of Dubai that is associated...

Effect of Statute of Frauds on Real Estate Disputes

  September 14, 2017     By HG.org
When a statue of frauds issue occurs, this means that a violation has transpired with a contract in writing, singed by involved parties bound to...

Understanding a Personal Guarantee in a Commercial Lease

  September 13, 2017     By HG.org
When buying or leasing property, there are several conditions that must be met to include finances in order to pay the monthly amounts. When the...

Bona Fide Prospective Purchaser Defense in Real Estate Contracts

  September 12, 2017     By HG.org
For a bona fide prospective purchaser to be in compliance, he or she must have satisfied obligations with land restrictions for use and not...

Top Legal Reasons to Get a Survey When Purchasing Commercial Property

  September 12, 2017     By HG.org
Commercial property purchases may be easy, complicated, full of issues or free of problems. However, it is difficult to know any of these...

Stopping Foreclosure Judgments and Sales

  September 7, 2017     By HG.org
Many homeowners find making mortgage payments difficult when they have families or when work slows down. This then causes complications with the...

When Insurance May Not Cover Issues in Real Estate

  September 6, 2017     By HG.org
When someone purchases a property, it is advised to also buy associated insurance for a myriad of protections. A policy could protect from...

Caveat Emptor and the Effect on Real Estate

  September 6, 2017     By HG.org
There are certain principles in effect when involved in real estate dealings. One of these is caveat emptor which means that the buyer is solely...

Negotiating an International Real Estate Deal

  September 5, 2017     By HG.org
When negotiating with a real estate deal, the most important factors are the clients. However, international deals may require more...

What to Know when the Government Sues to Take Your Property

  September 4, 2017     By HG.org
When the property owner of real estate has been sued by the federal or state government and his or her land is at stake it is crucial to know...

Conditions and Covenants to Include in a Business Acquisition Agreement

  September 4, 2017     By HG.org
There are certain conditions that should be included when acquiring a new business. These agreements often necessitate covenants or promises...

Real Estate Financing for California Real Estate Investors

  September 4, 2017     By Bona Law PC
The financial commitments required in real estate investing can vary in size and scope, from purchasing a handful of shares in a real estate...

Significant Legal Issues for Buyers and Sellers of Real Estate

  September 4, 2017     By HG.org
Real estate dealings may be fraught with difficulties and legal concerns based on various factors such as deed claims, special interests,...

How to Work with a Construction Expert Witness in Complex Litigation

  September 1, 2017     By HG.org
Expert witness selection is important for cases with complex litigation. For this, it is often imperative to hire someone specialized in the...

Real Estate Law: What Is Unlawful Detainer?

  September 1, 2017     By HG.org
Real estate evictions are often difficult to accomplish based on the state, the tenant and landlord laws and what is permitted. Typically, an...

Legal Effect of Condo Offering Plans

  August 30, 2017     By HG.org
Lease or purchase of a condo, apartment or similar unit is usually handled through a contractual agreement in standard arrangements. There are...

If I Rent Commercial Property, Am I Shielded from Environmental Law Liability?

  August 29, 2017     By HG.org
When someone is buying, leasing or renting a property, he or she may be under preconceived notions that certain laws or regulations may not...

What Happens if there is a Fire During a Home Purchase – Who Pays?

  August 28, 2017     By HG.org
When becoming part of a real estate dealing, there are many different issues that may arise. These usually involve documentation complications,...

What to Know When Buying Your First Commercial Property

  August 25, 2017     By HG.org
Buying commercial property may be a complicated matter, and because of this it is important to know as much about the situation and...

Legal Reasons to Purchase Real Estate as an LLC

  August 24, 2017     By HG.org
Real estate purchases may be tricky and full of possible problems depending on where the dealing occurs, who is involved and specific...

New York City Employer and Landlord Alert: Preventing Against Gender Identity Discrimination

  August 23, 2017     By Nicoll Davis & Spinella, LLP
Experts estimate that there are more than 25,000 transgender and gender non-conforming people that reside in New York City. As a result, it is...

Legal Effects of Untimely Deaths and their Involvement with Real Estate

  By HG.org
The untimely death of a loved one is a trying time for family and friends. However, when this occurs without a will, trust or other legal...

Expert Witness Testimony in Interpretation of Building Code Cases

  August 22, 2017     By HG.org
Building codes may require some interpretation for cases where someone has been injured or killed. This means an expert witness in building...

Negotiations of Leases Between Residential Renters and Landlords

  By HG.org
Renters and landlords are often at opposing ends in real estate transactions. Many landlords have a standard lease form that they use for all...

The New Fair Rent Law in Israel – What Do You Need to Know?

  August 21, 2017     By Barnea & Co. Law Offices
In July 2017, the Fair Rent Law (Temporary Order and Legislative Amendments), 5776 – 2015 was enacted, an initiative of MPs Stav Shaffir and Roy...

Legal Aspects of Commercial Lease Guarantees

  August 18, 2017     By HG.org
When renting, leasing or purchasing property, it is vital that the agreement signed which contractually binds two parties together is understood...

Can You Legally Smoke Marijuana in Federally Subsidized Housing?

  August 18, 2017     By HG.org
There are multiple states that permit the smoking of marijuana for medicinal and recreational use when at home. These laws do not usually extend...

Proposed Dark Store Legislation in Wisconsin Puts a Thumb on the Scale of Fairness

  August 18, 2017     By Gimbel, Reilly, Guerin & Brown, LLP
Max Baucus once said that “Tax complexity itself is a kind of a tax.” That statement is true in many ways.

Managing Risks with the Help of Construction Litigation Expert Witnesses

  August 17, 2017     By HG.org
Construction incidents are common due to a variety of factors, but it is when someone is injured that the case becomes serious. This means a...

What Is the Implied Warranty of Habitability and Why Does It Matter?

  August 16, 2017     By HG.org
The implied warranty of habitability relates to residential leases and requires that rented property meet certain standards. This warranty can...

Due Diligence 101: Real Estate Lawyer Assistance

  August 16, 2017     By HG.org
Due diligence is essential in many different aspects of business to include real estate property purchases and selling. To ensure due diligence...

When Landlords May be Held Liable for Damages Even when there are No Damages Clauses

  August 16, 2017     By HG.org
There are various clauses and terms and conditions that apply to leases and contracts between landlord and tenant. However, landlords may still...

Inheritance of Real Property and Partition Actions

  By HG.org
When an heir receives inherited property, there are several actions that may arise or transpire after probate or other legal activity has...

What Happens if my Spouse and I Don’t Agree on Decisions about Our Real Estate during Divorce?

  August 15, 2017     By HG.org
During the divorce process, the spouses may make decisions regarding their property, including how to divide it and how to dispose of it. One of...

Protecting Yourself from Undisclosed Defects in Residential Property Transactions

  By HG.org
When purchasing residential real estate, it is often difficult to avoid potential dangers, risks to health and defects that could cause severe...

What California Real Estate Investors Should Know about Commercial Leases

  August 14, 2017     By Bona Law PC
Real estate investment can take many forms and offers many ways to obtain a return on one’s investment.

Organizing a Real Estate Syndicate and Securities in California

  August 14, 2017     By Bona Law PC
Real estate syndication allows you to put your private savings into real estate investments when other financing isn’t available for them. The...

What Are My Rights of Having a Life Estate in Property?

  By HG.org
It is important to understand what a life estate is with property and how it affects a person. With this, the rights of an individual applied to...

Antitrust Laws Do Not Allow Real Estate Agents to Jointly Fix or Set Prices or Commissions

  August 11, 2017     By Bona Law PC
If you have sold or purchased a home recently, you might be under the impression that real estate commissions—the price to engage a real estate...

Can Anyone Stop Me From Putting Up a Satellite Dish?

  By HG.org
As options for television channels have increased, satellite TV has become a very popular alternative to cable. Unfortunately, to receive these...

How Can a Foreigner Buy Real Estate in Ukraine?

  August 9, 2017     By DLF Attorneys at Law
The Ukrainian legislation ensures that foreigners exercise all rights and freedoms as well as obligations under the same conditions as Ukrainian...

What is the Effect of a Warranty on Real Estate Transactions?

  By HG.org
For real estate transactions, deeds are necessary to transfer the title of ownership from one individual to another. The contract drafted for...

How to Determine if a Transfer was Fraudulent

  August 8, 2017     By HG.org
A fraudulent transfer could occur when a creditor involved in a real estate transaction has participated in either an unfair or invalid...

Selling a Property Currently in Foreclosure

  By HG.org
The foreclosure process is often long and arduous for someone that could not keep up with mortgage payments or other liens on the home. However,...

What Is an Assignment of Leases and How Can a Real Estate Lawyer Help?

  By HG.org
When all the rights of someone that is on a lease or a tenant of a residence are transferred to another person, an assignment of lease is...

How to Pay for the Purchase of a Business

  August 4, 2017     By HG.org
When someone has decided that a business should be created, he or she then must determine several things. Of these, the most important is often...

Land Trusts as a Way to Protect Assets

  By HG.org
It may be important to obtain a land trust so that assets may be protected in a number of ways. These are private agreements where the trustee...

Can My Condo Association Refuse Delivery of Packages?

  By HG.org
Condo associations may provide a number of convenience services for their tenants, including accepting delivery of packages on tenants’ behalf....

Lawsuit Protection from Rental Properties

  By HG.org
Many individuals have determined that rental properties are a great investment. This means that many persons have either placed money into...

What is a Leasehold Mortgage?

  By HG.org
A leasehold mortgage is possible when a lien is placed on the tenant’s interest with the lease, and it is used as collateral for the loan the...

What Is a Mechanic’s Lien and How Can My Real Estate Lawyer Help?

  By HG.org
Any lien is usually a form of loan or type of legal holding or claim on a property that could be used for various items. Mechanic’s liens are...

Potential Fine Print Provisions in a Real Estate Contract

  By HG.org
Real estate contracts are often complicated and full of terms that are beneficial to the seller with some good to the buyer. However, the fine...

Zombie Titles and How They Can Wreck a Real Estate Transaction

  By HG.org
Real estate transactions may be ruined or wrecked by various different problems. Many of these are due to the seller and buyer not reaching the...

Roofing Injuries and Fatality Prevention with the Help of an Expert Witness

  July 27, 2017     By HG.org
When persons are working on the roof, there are many risks to the health and various dangers that could lead to either serious injury or death....

Legal Issues to Consider when Renting a Home

  By HG.org
Individuals who choose to rent a home have many factors to consider. By carefully considering these factors, they can protect their legal...

Death and Mortgage

  By HG.org
Mortgages are the standard in obtaining financing or refinancing a home for repair, initial purchase and remodeling. It is not often that the...

New York Religious Corporations Law and the Mortgage of a Church

  July 24, 2017     By HG.org
Mortgages of commercial or nonresidential property may be difficult to manage with different rules and regulations. When the object is a church,...

Real Estate and the Exception for Reasonable Wear and Tear

  July 22, 2017     By HG.org
Buyers initiate a deal to purchase real estate with the intent to buy something that is maintained, kept up to standards and that is whole upon...

Legal Consequences of Broker's License Suspension When Assisting with Real Estate Dealings

  By HG.org
Having a broker’s license is important to real estate dealings. Without these, it is not legal for the individual to handle the processes that...

When a Real Estate Valuation Expert Is Needed

  By HG.org
Real estate matters are important to those that are either selling and buying or seeking investment opportunities. This means that an accurate...

What is a Real Estate 1031 Exchange?

  By HG.org
There are numerous types of exchanges and deals with real estate that may not be known by the general public. In this regard, the Internal...

How to Treat Secondary Debt When Buying a Property

  By HG.org
Convention debt accrued when purchasing property in real estate dealings usually comes from banks, insurance agencies, savings and loan...

Expert Witnesses on Drones and Privacy Issues

  By HG.org
Drones usually defy privacy, as they are able to fly into the private and persona property of another individual. This means that if the drone...

A Guide to an Agreement to Purchase Real Estate Form in Queensland

  July 17, 2017     By Carter Capner Law
If you are a real estate agent who is helping someone buy a property in Queensland, you should know what needs to go into an agreement to...

What Does the Foreclosure Process Entail?

  July 13, 2017     By HG.org
The foreclosure process is initiated when someone that has a mortgage or other loan on a house cannot pay the amount due. After so much of this,...

Rise of Construction Defect Claims and the Role of Expert Witnesses

  By HG.org
Construction defect claims increase due to defective parts, materials, substances and similar concerns and have been on the rise since 2012....

The Top Disputes between Buyer and Seller and How to Resolve Them

  By HG.org
Real estate transactions often involve a significant amount of money, often representing the most expensive transaction a person enters into.

Special Purpose Entities and Real Estate Transactions

  By HG.org
Financial transactions for real estate deals may go through special purpose entities in order to ensure the funds are secured if the parent...

Legal Issues Involved in Purchasing a Foreclosed Property

  July 5, 2017     By HG.org
There are often complications with a foreclosed property and the owner that could not make the mortgage payments. However, these issues may...

Can I Get a Lien on Someone’s House Who Owes Me Money?

  By HG.org
Sometimes if a person owes, he or she may not pay this debt. His or her creditor, whether an individual or a business, may decide to look for...

Unauthorized Practice of Real Estate Dealings and the Invalid Agent

  By HG.org
Some real estate dealings are invalid due to an agent not actually authorized to sell a property, the person not having a legitimate license to...

Falsification of Taxes and Real Estate Projects

  By HG.org
Preparation of tax returns that are false or contain inconsistencies may lead to criminal charges. Real estate projects may be harmed from the...

Land Purchase in Romania

  June 29, 2017     By Hammond, Minciu and Associates
The return of part of land to the original owners and the acquisition and ownership of land in Romania still raises many issues twenty-seven...

What to Know Before Hiring a Construction Accident Attorney

You’re on a construction site and—almost out of nowhere—a large beam knocks you out, leaving you unconscious and in pain. You’ve suffered a head...

Health Hazards Due to Insecticide Sprayed by Farm Next Door, What Can I Do?

  By HG.org
The rights and protections for homeowners in some instances extend beyond the property lines. This may mean that certain hazards from nearby...

How Lawyers Assist in Construction Defect Cases

  By HG.org
Defects occur so often as per specifications are not always followed, some machines break down, certain designs are not perfected and accidents...

Legal Considerations when Purchasing a Bank-Owned Property

  By HG.org
Pre-owned property is often overlooked for various reasons, but when someone buys the house or land again, there may be several defects....

New Routes to Acquire Turkish Citizenship under the New Regulation

The new regulation for the exceptional acquiring of a Turkish Citizenship was introduced by the Turkish Government on 12.12.2016.

Unlawful Building in Italy

Unlawful building in Italy occurs whenever an urban intervention without the required license is undertaken. It constitutes an infringement both...

Can My Landlord Make Me Smoke Outside When My Lease Does Not Mention “No Smoking”?

  By HG.org
Smoking has become one of the top priorities in removing from all establishments and property due to the adverse effects the smoke has on the...

When Do I Need a Subordination, Non-Disturbance and Attornment Agreement?

  By HG.org
Many commercial leases for business owners or management have subordination, non-disturbance and attornment types of agreements in the...

Misrepresentation of Tax Procedures and Complications for Real Estate Dealings

  By HG.org
Real estate dealings often require exact documentation that specifies certain terms, conditions and details about the buyer, seller and...

Real Estate Arrangements with Disabled Persons

  By HG.org
Persons with disabilities are protected by the Fair Housing Act in which they may be provided a place for rent or to purchase no matter which...

An Overseas Property that Pays Its Own Bills: The Perfect Choice

The charm of buying a property in a sun-drenched corner of rural Italy or Spain is a dream many people aspire to. However, the cost of...

When to Contact a Construction Litigation Lawyer

  By HG.org
Construction contracts may end in trouble or may be broken before the structure has been built. Many of these issues end in litigation, and this...

What to Do When a Commercial Tenant Vacates Before the Lease Expiration Date

It is rarely welcome news for a commercial landlord to discover that a tenant has vacated its leased premises prior to the expiration of the...

Investing in Real Estate Overseas

Insights on how to combine Real Estate & Citizenship

Can the Mortgage Holder of the House I Shared with My Spouse Pursue Me for Collection?

  By HG.org
Sometimes two people may be living together in one home and the owner of the home may pass away. When the individuals own the property as joint...

Selling the Family Home after Your Surviving Parent Dies

When the last surviving parent of an adult child passes away, the family home often needs to be sold.

How Antitrust Affects Potential Buyers in Real Estate Dealings

  By HG.org
Real estate deals are often complicated when applying the regulations for both state and federal laws and acts. This could be as simple as...

Fair Housing Complications and What to Look For

  By HG.org
State and federal regulations comply with the Fair Housing Act as implemented throughout the United States so that buyers or renters of a...

Commercial Lease "Letter of Intent" - LOIs

The letter of intent (“LOI,” a.k.a. term sheet or MOU) [is]used for negotiating a commercial lease. The LOI comes early in the process, and it’s...

Remedies for Landlords when a Dispute with a Tenant Arises

  By HG.org
Residential complications often occur when a tenant has a dispute about something. This may be maintenance, the lease terms, parking, utilities...

Legality of Restrictive Covenants

  By HG.org
Many who buy a home believe that they are able to change whatever they feel is necessary to the house or land. If they want to alter the land...

What Can I do about Water Drainage on My Property Caused by the Adjourning Property?

  By HG.org
Living in close proximity to others can cause some problems to arise. In some situations, a neighbor’s actions or lack of actions may be...


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