Real Estate Law

What Is Real Estate Law?

Real Estate and Property Law covers an extensive legal area, which is regulated by federal and state statutes, as well as common law. Many aspects of this area overlap with contract law. The terms "real estate", "realty" and "real property" are generally used interchangeably, although many people associate "real estate" more closely with the structures or buildings and the land. However, real property/real estate encompasses more than just the obviously tangible aspects. It comprises land and that which is attached to or belongs with the land, such as the immovable structures like buildings, houses, trees, bushes and minerals permanently affixed to the land, But it also consists of the interests, benefits and rights that are legally considered attached to the real property, which can include certain rights to the air above the land, to drill in the ground beneath it, rights to live on the property for a specific timeframe or to acquire the real property in the future, and more.

The practice area of real estate and property law deals with a variety of related issues, including the following: rights and interests in real estate and real property; sales, purchases and other transfers of real estate and real property; legal aspects of rental property and landlord issues; tenants', renters' and homeowners' rights; title to real property; settlement of claims against property rights; property development; zoning and land use; related agriculture issues; home loans and foreclosures; and various other relevant topics. This is a complex practice area, further complicated by the significant inconsistency in the laws throughout different cities and states. Real estate attorneys are versed in many different activities, from the mundane drafting of deeds and filing of liens, to handling boundary and zoning disputes and even assisting families in court when threatened with foreclosure. Copyright

Real Estate - Know Your Rights!

  • A Real Estate Guide for the Home Seller

    There are various legal issues involved when selling a home - as such, selling a home is often viewed as a tedious and complicated transaction. However, when you are knowledgeable and understand your rights and obligations as a seller, the entire process goes smoother for all parties involved. In this comprehensive guide, you will learn about everything from how to review your real estate contract to what you should expect at closing.

  • Can Foreigners Buy Real Estate in the United States?

    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?

  • Dealing with Nuisance Neighbors

    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?

  • Failing to Disclose Environmental Defects in Property Sales

    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.

  • How Do I Throw Someone Out of My House?

    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?

  • Understanding Eminent Domain

    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?

  • Waiting for the Drop In Commercial Real Estate

    Anyone who owns commercial real estate knows that there are cycles in commercial real estate. There are times when the commercial real estate market is "hot" and times when the real estate market is oversaturated and is considered "soft."

  • What is the Statute of Frauds?

    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?

  • What To Do After a Tornado or Other Natural Disaster

    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.

Real Estate Law Articles

  • The Importance of Properly Titled Deeds in Estate Planning
    Estate planning is a critical process that ensures the smooth transfer of assets and property to your chosen beneficiaries after your passing. One vital aspect of estate planning is the proper titling of your deed. The way you hold title to your property can have significant implications for its management, transfer, and tax consequences.
  • Inheritance Rights in New York State: Who Has the Right to Inherit When a Family Member Dies
    Many family members do not know their rights, and when they are grieving, the last thing they are thinking about is the estate and legal aspects.
  • Lease Transfer Premiums in Texas: A Hidden Consideration in Commercial Lease Transfers
    Commercial real estate can be complex, especially regarding unfamiliar concepts like the 'transfer premium.' It's a provision designed to protect landlords during tenant transfers, ensuring they aren't disadvantaged by additional payments made by the transferee beyond the lease terms. Although relatively new in Texas courts and not yet widespread in standard lease agreements, transfer premium provisions are gaining popularity in major urban areas. In this article, our Senior Associate Attorney Spencer gives an insightful analysis on the concept of transfer preminum.
  • How a U.S. Immigration Attorney Can Make Your Dreams to Move to Italy a Reality
    Unlock the doors to Italy with the expertise of an immigration attorney.
  • Alert - Ordinance No 87737 - New Residential Tenancy Requirements in City of Los Angeles
    Los Angeles landlords should be aware of a renter protection that went into effect earlier this year in LA City Ordinance No.187737. It is a notice that must be provided to residential tenants as of January 27, 2023. As a result, when a landlord in the City of Los Angeles now creates or renews a tenancy, he or she must provide the new notice to the tenant that explains the new tenant rights.
  • Office Lease Considerations for California Veterinarians
    Veterinary medicine is one of our region’s most important industries. The Bureau of Labor Statistics (BLS) reports that there are nearly 8.000 actively licensed veterinarians in California. A successful veterinary practice needs the right office space. It is imperative that you reach a lease agreement that effectively protects your interests.
  • Receiving Non-Immigrant Visas for the United States
    If you are a lawful permanent resident or a non-immigrant visa holder in the United States, traveling abroad can be exciting and necessary. However, before you pack your bags and head to the airport, it's important to understand the rules and regulations surrounding travel as an immigrant. This blog post will provide you with essential information that you need to know before embarking on your next adventure.
  • Do Squatters in Florida Have Rights?
    As a real estate attorney in Florida, there are so many fun and interesting cases I run into on a weekly basis. One of the most intriguing cases deals with squatters rights. Most people don’t know that squatters do have rights in the state of Florida. That is right! Squatters can potentially own a property free and clear of debt simply by breaking the law. How does this even make any sense? Let me explain how this happens.
  • Divorce in Minnesota: Assets & Liabilities
    The division of assets and liabilities is not as simple as it may sound. There are assets that are divided as part of the Marital Estate and others that may be considered individual property or non-marital property. How those values are determined can affect property divisors in a divorce.
  • What to Do When Facing Foreclosure
    Dealing with the prospect of losing your home is terrifying. You are likely way behind on your mortgage payments, cash is tight, you are worried about losing your home, and you are unsure of what to do. But all is not lost. A foreclosure lawsuit can be a unique opportunity to resolve your issues with the bank, get back on your feet, and save your home.
  • All Real Estate and Property Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Real Estate including: construction law, eminent domain, foreclosure, homeowners association, land use and zoning, landlord and tenant law, property law, property management.

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