what is a land lawyer and how to find one

by Priscilla Fisher DVM 8 min read

What does a land lawyer do?

People who work in this area of law have the task of fighting or defending disputes over land matters, such as rights of way and boundary issues. These cases may involve matters which involve landowners, private individuals or the state.

What is land law?

Land Law. Land law is one of the big areas of law to be aware of - not only is it a core area of law, meaning it appears as a core module on LLB courses, it's also something that everyone will encounter at some point in their lives.

Do you want to specialise in land law?

Land law is one of the big areas of law to be aware of—not only is it a core area of law, meaning it appears as a core module on LLB courses, it's also something that everyone will encounter at some point in their lives. Yes, even you. Now is as good a time as any to see if you want to specialise in land law! The lie of the land...

What is it like to work in land law?

Working in this area of law can be particularly interesting and stimulating. Although the remuneration is not as high as you might expect in corporate or commercial law, it can still be lucrative; especially when you consider the high value people place on land. After all, a man’s house is his castle!

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What does legal insurance cover?

These plans vary. Many cover most, if not all, of the cost of legal consultations, document preparation, and court representation in routine legal matters. Other programs cover only advice and consultation with a lawyer.

What is legal group plan?

Employers or unions set up a fund to pay the employees’ legal fees, with the employee sometimes contributing a small co-payment. Legal group plans have become much more widespread in recent years. Some retail department stores and credit card companies even offer such plans to their customers.

Do legal aid offices have their own lawyers?

Some legal aid offices have their own staff lawyers, and others operate with volunteer lawyers. Note that people do not have a right to a free lawyer in civil legal matters. I have been accused of a crime, and I cannot afford a lawyer.

How long does it take to resolve a dispute over property?

There are many other forms of property as well. Legal disputes over property can be complex, and can often take years to resolve (especially for larger plots of land).

What is real property?

Real property is defined as land, as well as anything that is affixed to, growing on, or built on that plot of land. It therefore includes man-made structures and buildings as well as crops, plants, and even oil, gases, and minerals that may be found under the ground.

What is considered separate property?

In contrast, property obtained outside of the marriage (i.e. before the marriage) may be considered “separate” property; each spouse usually keeps their own separate property in full when they divorce. Communal property generally does NOT include: 1 Property obtained before marriage; 2 Property given as a gift specifically to only one spouse; 3 Any property obtained after divorce or separation proceedings has already been initiated.

What is trespassing in real estate?

Trespassing occurs when a person enters another person’s land or real property unlawfully and without their permission. Trespassing can also involve other issues, such as interfering with another’s ability to use their property, or when a person remains on property without permission.

What is intellectual property?

For instance, state and federal laws often address other types of property like: Intellectual Property: Intellectual property is a type of property that is generally intangible and without physical form, such as songs, names and logos attached to products, inventions, and authored works.

What is tangible property?

Tangible personal property includes items that can be physically handled, like jewelry, clothes, electronics, etc. Intangible property are assets that can’t be handled, like stocks or bank account amounts . So, as you can see, there will be major differences with regard to laws covering real and personal property.

What is the difference between personal property and real property?

In comparison, personal property is defined as “anything that may be subject to ownership, besides land”. Thus, the main foundation of physical property is that it can be moved, unlike land or real property.

What is land law?

Land law, as the name suggests, is the set of rules that govern the land and anything attached to it, such as trees or buildings, or anything in it , e.g. treasure or oil.

Is land law a core area of law?

Land Law. Land law is one of the big areas of law to be aware of—not only is it a core area of law, meaning it appears as a core module on LLB courses, it's also something that everyone will encounter at some point in their lives. Yes, even you. Now is as good a time as any to see if you want to specialise in land law!

Is land law lucrative?

Land law has evolved significantly over hundreds of years. Working in this area of law can be particularly interesting and stimulating. Although the remuneration is not as high as you might expect in corporate or commercial law, it can still be lucrative; especially when you consider the high value people place on land.

What is a land use attorney?

What Is A Land Use Zoning Attorney’s Job? A Land Use and Zoning Attorney’s job is to advise in regards to real estate development. This will include zoning laws, building ordinances as well as construction permits and other land use ordinances. It can be very challenging to navigate the various contracts for a building project.

What do real estate attorneys need to know?

Attorney’s must understand real estate law as well as the regulations and requirements for all permits and environmental issues. There are also governmental contracts and construction laws to stay on top of. Many real estate agencies employ a land use zoning attorney to avoid any legal conflicts during the process of selling a home.

What can a zoning attorney do?

They can assist you in challenging a municipality’s zoning regulations and help you to procure the proper permits and information in regards to many details if you’re remodeling or constructing a house or business. They can assist you in determining a zoning law or changing one if need be and everything in between.

Why do real estate agents use zoning?

Many real estate agencies employ a land use zoning attorney to avoid any legal conflicts during the process of selling a home. Other services will be to construction companies who must file permits and other details for proper construction sites. They will work closely with real estate agencies, courts of law, title companies, ...

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

Do lawyers specialize in a particular area of law?

The legal field is vast and complex, and you’ll find that many lawyers specialize in a particular area of law. If you find yourself in need of a lawyer, make sure they have the expertise to handle your unique situation. Because there are so many different types of lawyers, you'll want to match your legal concern with the appropriate attorney.

What are the legal issues pertaining to land use?

Other legal issues pertaining to land use include easements, trespassing, and eminent domain . Zoning regulations typically divide a municipality (such as a city) into residential, commercial, and industrial zones.

Who to work with when challenging eminent domain?

Depending on the land use issue, you may want to work with an attorney who practices real estate or municipal law. If you are challenging an eminent domain claim by the city, your attorney may take a close look at the municipality's "public use" claim to make sure it's valid.

What is zoning law?

Thus, zoning laws are intended to maintain a level of order and efficiency within a municipality, while keeping each zone optimized for its intended purpose. For example, zoning laws reassure home owners that a factory or department store will not open across the street.

What is land use and zoning?

Land use and zoning law is the regulation of the use and development of public and private real estate. Zoning is the most common form of land-use regulation, used by municipalities to control local property development. Other legal issues pertaining to land use include easements, trespassing, and eminent domain.

What to do if you are looking for a new headquarters?

If you are looking for a new location for your company's headquarters, your legal counsel probably would research the zoning laws of each prospective location. However, there are lawyers who specialize in land use and zoning law, and may work with a variety of clients (such as municipalities, businesses, and private citizens).

Description of the Land

The description of the land is no doubt, the one of the dhard part of this process. You can do Real legal description of the real estate in different ways including

Quantity of Land

The amount of land and the square footage for a building are typically listed in real estate transactions. The land is usually measured by acreage, while buildings will be described with their total square feet. This information may not always be necessary when having your property surveyed because it outlines the boundaries on its own

Street Address

A legal description of real property do not need a street address, though it is often used to outline an individual's current home’s specific location. If the invalid address cannot be waived for some reason on your behalf as the seller, you may find that your sale would have been void due to improper land description.

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