when a lawyer states real property

State real estate laws can vary when it comes to the transfer of property, and some states require a real estate lawyer to be involved in the purchase and sale of a home. You may also want to hire a real estate attorney if you are facing foreclosure or the property has unique disclosure issues.

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What do property lawyers need to know about state laws?

When a property lawyer advises clients, they must be aware of the law that applies to their state and their case. There can be significant differences in the laws between states, so it’s important to know what the state and local laws say about the issues involved in each particular case. Property law may involve many different topics, including:

What are the real estate laws in your state?

Real estate laws vary by state and local government. Attorneys must be licensed to practice in the state where the transaction is taking place, and must stay abreast of any state or local developments that could impact a transaction. 2

Does property law apply to real property and personal property?

Property law applies to both real property and personal property. Ownership and use of property is an area of law that impacts everyone in society. Property law is also an important part of estate law, family law and municipal law. What is the difference between real property and personal property?

Do you need a lawyer to buy or sell real property?

Since different states have different laws concerning real property ownership, it is important for anyone with questions about owning, buying, or selling real property to consult with a lawyer in their state to ensure all real estate law matters are in compliance with state law.

What is real estate law?

Real estate law governs who may own and use the land. This simple concept includes a wide range of different legal disciplines. First, real estate may be either residential or commercial. It can be owned by one person but used by another through rental arrangements.

What is tenant law?

Landlord Tenant Law: Landlord tenant law covers the law of renting real estate, including leases, rent, and eviction for both residential and commercial tenants. Many lawyers consider it a part of real estate law.

What is the best way to protect your property from damage?

Estate Planning: Some people are very concerned about keeping real estate within the family. Estate planning attorneys can help them achieve that goal. Insurance Law: Most landowners have homeowner’s insurance, which protects their property against various types of damage.

What is title in mortgage?

Title: A legal term describing who officially owns the land . Mortgage: A loan that covers the price of a house. The new homeowner must give the lender partial ownership of the house as collateral. Foreclosure: The process by which the lender takes control of a house if the owner fails to pay back the mortgage.

What are the rules concerning the purposes for which land may be used?

Finally, state and local governments have rules concerning the purposes for which land may be used -- for example, each plot of land must be used according to local zoning laws, and landowners may not damage the surrounding environment. Thank you for subscribing!

Do you need a real estate attorney for every transaction?

Practice Area Notes. Real Estate attorneys are not legally required at every transaction, however, hiring one can be very useful for the average homebuyers. First, real estate attorneys can review the house’s transaction history and title to ensure that the house is able to be sold and that no past owners will come back claiming to still own ...

Can land be sold?

Land can be bought or sold, and due to its high value, there are many local laws that ensure real estate transactions are properly performed and recorded. Land may also pass between family members through estate planning or may be owned by more than one person.

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 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 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 business property?

These types of property can generate income for the owner, but they can also be subject to unauthorized use, theft, and infringement issues; Business Property: Business or commercial property is property that is owned by a business or a company.

State real estate laws can vary when it comes to the transfer of property, and some states require a real estate lawyer to be involved in the purchase and sale of a home. You may also want to hire a real estate attorney if you are facing foreclosure or the property has unique disclosure issues. Sellers are legally obligated to disclose certain problems to potential buyers, and hiring a property lawyer will protect your best interests whether you are buying or selling a home

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina.

When do you need a real estate lawyer?

A real estate lawyer specializes in overseeing real estate transactions, including contract review. Often, when buying a home, you may be able to work directly with a real estate agent to move smoothly through the home buying process. You may never have to involve a lawyer.

What is a seller legally required to disclose about a property?

When a buyer looks into a new property, they want to know everything about it: all the little details that have the potential to spell trouble down the road.

What options do I have if something is wrong with the home at time of purchase?

Before purchasing a property, you should always have a home inspection done. Some sellers have a home inspection before they sell the property. This may give them the opportunity to clean up any problems with the home, take care of any necessary repairs, and make sure the home is in the best possible state to go on the market.

Do you really need homeowners insurance?

Homeowner’s insurance is a vital part of homeownership and an important part of your budget following your purchase. In many cases, homeowner’s insurance is the only option you have for taking care of repairs or replacement of your home after a disaster.

What is property law?

Property law involves creating, enforcing and challenging private homeowner association laws. While a government attorney may take steps to enforce zoning violations, attorneys act on behalf of private associations in order to enforce property restrictions.

What does state law mean?

Although there are times that the federal government may have something to say about property law, for most people, state law is what matters the most. Each state has their own system for ownership and transfers of real and personal property. When a property lawyer advises clients, they must be aware of the law that applies to their state ...

What is zoning law?

Zoning laws. A government can restrict what a person does with their property. Laws that restrict the use of real property are called zoning laws. For example, a government can restrict the use of a property to residential, commercial or industrial uses. People who purchase property in an area must know zoning restrictions and follow them.

What is it called when the government takes property from a private owner?

The right of the government to take real property from a private owner is called eminent domain . The government may take the property even if someone objects, but they must compensate the person fairly for the property. Eminent domain is subject to restrictions, and it’s often the subject of legal challenges. Property attorneys work on behalf of their clients both for government agencies and individual landowners as it relates to eminent domain .

How to claim property without paying for it?

The law gives people the right to claim ownership of property without paying for it in some circumstances. Claiming property by right is called adverse possession. To acquire property by adverse possession, a person must occupy the property for a number of years. Usually, they must live on the property, not in hiding, with a claim of ownership for a decade or more. Adverse possession can be a common issue when neighboring property owners use inaccurate border boundaries for a period of time. The purpose of adverse possession is to settle land disputes and ensure that land is used.

What is a quit claim deed?

A deed is a legal document that states ownership of real property. The type of deed that a person has is very important to their legal interest. For example, a warranty deed guarantees the purchaser free and clear ownership in the property. On the other hand, a quitclaim deed only signs over any right that a person may have in the property.

What are the two types of property?

There are two kinds of property: real property and personal property. Real property is land. It can also include things that are attached to the land like a house, commercial buildings, a garage or barn and even trees. Real property is land and the things that go along with land. By contrast, personal property is something ...

Why is it important to consult a lawyer about real estate?

Since different states have different laws concerning real property ownership, it is important for anyone with questions about owning, buying, or selling real property to consult with a lawyer in their state to ensure all real estate law matters are in compliance with state law. At the same time, since many states have relatively similar laws ...

What happens when you co-own a property?

When real property is co-owned, many kinds of legal issues can arise if one of the owners wants to make changes to that real property or to sell it . When this kind of situation arises, the parties will need to determine what legal options may be available to them, including partitioning the real property. Since different states have different laws ...

What is joint tenancy?

Joint tenancy: Joint tenancy is a type of real property ownership in which two people (or more) jointly hold title to real property and have equal rights to the property during their lifetimes.

What is TBE in real estate?

Tenancy by the entirety (TBE): This is a specific kind of real property ownership for spouses. With tenancy by the entirety, for the purposes of owning that particular real property, ...

What is sole ownership?

Sole ownership: One single person or entity owns the property and holds title to the real property. The deed will be listed in the single individual’s name, or in the single entity’s name. In many situations involving sole ownership, a person will be the sole owner of commercial or residential property. However, a business with a structure that ...

Can you sell your property with a tenancy in common?

Accordingly, with a tenancy in common, an owner can sell his or her portion of the property without the other owners having a say. A party’s ownership in the property can also be transferred to heirs. With tenancy in common, there is no right of survivorship.

Can a married couple own a business?

When a corporation or another business owns the property, only the business name will be listed on the deed. To be clear, a married couple does not count as a single entity and cannot own property as a sole owner. Rather, married couples are two parties for purposes of real property ownership and will own real property together in ...

What does an attorney do for a home?

Your attorney will have the responsibility to gather all legal documents, the necessary paperwork, and make preparations for all facets that grant the homeowner legal rights . The attorney will also have a right to determine the validity and legitimacy of the property as well as the title to the property.

What is a real estate closing attorney?

Much like Virginia, for property closings in West Virginia, real estate closing attorneys coordinate the closing or settlement process for the property being purchased. A real estate agent or attorney facilitates the closing by coordinating these activities necessary to ensure that the title to the property is transferred according to the terms of the purchase, sale contract and that the funds are accounted for on a settlement statement.

What is the law of the land?

The law of the land is also evident in the importance that real estate attorneys must adequately determine the legal description of the real estate. The description must be consistent with the homeowner’s mortgage and the deed. The attorney must also describe to the borrower, the specifications and terms of all the real estate documents.

What is the role of a real estate agent?

A real estate agent or attorney facilitates the closing by coordinating these activities necessary to ensure that the title to the property is transferred according to the terms of the purchase, sale contract and that the funds are accounted for on a settlement statement.

What is a settlement agent in Virginia?

The Real Estate Settlement Agents Act authorizes licensed attorneys, title insurance companies, real estate agents, real estate brokers, and financial institutions to serve as Settlement Agents. This means that by law, the purpose of this Act is to provide consumer protection safeguards and to define who can lawfully provide real estate settlement services in Virginia. Basically, this says that Virginia’s state government requires that you have an attorney closing or title company present at closing for real estate transactions to provide you with legal advice should you need it for when you’re ready to buy a house.

What is the role of an attorney in a title?

Also, the attorney is also responsible for determining the adequacy of the title draft, doing the deeds, and managing the legal transfer of the property. Non-attorneys, on the other hand, are only allowed to participate in clerical and administrative duties such as titling insurance, abstracts, etc.

Do you need an attorney to close a real estate transaction in Delaware?

Delaware. In adherence to the decision taken in 2000 by the Delaware Supreme Court, non-attorneys do not have any power to and do not have any legal authorization for generating a real estate closing transaction or settlement. This means it is mandatory for you to have an attorney present to conduct the closing transaction.

Which states require a real estate attorney to close?

Nebraska: Real estate attorneys are not essential for closing but may be advised by your real estate agent. Nevada: Real estate attorneys are not essential for closing but may be advised by your real estate agent. New Hampshire: New Hampshire requires a licensed attorney to conduct real estate closings.

Why do real estate attorneys help?

Provide peace of mind to all parties. Thanks to their experience and education, real estate attorneys can provide some peace of mind for all parties involved. They help protect clients from legal disputes and streamline the closing process for a smooth sale.

What can an attorney do in a contract dispute?

Attorneys can also act as a mediator between buyers and sellers in a contract dispute. The attorney can look back on the sale documents and provide both parties with an unbiased, legal perspective.

What is a fact checker in real estate?

In many ways, real estate attorneys serve as “fact-checkers.” Agents can often defer to an attorney’s better judgment, concerning everything from initial contracts to the breakdown of final closing costs.

How much does a real estate attorney charge?

However, some attorneys charge a flat fee for their assistance in real estate transactions, and these costs can range from $950 to $5,000. The buyer usually foots the bill for this expense, but they may negotiate for the seller to pay the fees in some instances.

What do attorneys do before transferring a property title?

Before transferring the property title, attorneys evaluate public records on a property’s history, to uncover any potential liens or other issues that might negatively impact the title for the new owner.

What is the job of an attorney?

According to Cowart, the attorney’s primary job is to review, and sometimes draft, the title and contracts and to facilitate the closing process; in states where an attorney’s participation is not mandated, title companies typically conduct these steps.

Definition of Real Estate and Real Property Law

• The legal definition of real estate or real property is land and the buildings on it. Real estate law governs who may own and use the land. This simple concept includes a wide range of different legal disciplines. First, real estate may be either residential or commercial. It can be owned by one person but used by another through rental arrangement...

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