Real Estate & Property Law

The term real estate generally refers to ownership or use of land. Real estate law is a branch of civil law that covers the right to possess, use, and enjoy land and the permanent man-made additions attached to it. Real estate law directly or indirectly impacts most of us on a daily basis, affecting homeowners, renters, landlords, home buyers and home sellers.

Real Property & Personal Property

There are generally two types of property: real property and personal property. Most of the legal concepts and rules associated with both types of property are derived from British common law. Back then, “real property,” often shortened to just property, generally referred to land and fixtures upon land. In modern times, real estate has become an American umbrella term for buying, selling, renting and using land.

Real Estate Sales & Purchases

A real estate agreement between a buyer and seller of real estate is governed by general principles of contract law and individual state laws. The sale or transfer of real property is almost always required to be in writing. It is often required in real estate contracts that the title to the property sold be “marketable.” An attorney or a title insurance company is frequently employed to investigate a title’s legal marketability.

Landlord / Tenant and Land Use Laws

In addition to the purchase or sale of lands, states typically regulate the renting or leasing of property for residential or commercial purposes. Such laws cover a range of practices, such as how security deposits are handled, evictions, and more.

Contact us to find out what you need to know about renter’s rights, finding the right mortgage, home equity loans, foreclosure, and a host of other real estate issues.