Real Estate Law

Real estate law encompasses the wide variety of issues that can arise out of commercial or residential real estate transactions. Purchases, sales, financing, and 1031 exchanges are but a few of the transaction involving real property every day. Some of the problems that arise and make these transactions more complex than they already are could include the following:

Real estate disputes over price or possession
breach of purchase or sale agreements?
construction defects
non-disclosure claims?
fraud
property tax issues
title and boundary disputes
special use permits?
property lines and boundary disputes
broker or lender defense?

Real estate law is also concerned with the mechanics of property liens, title disputes, encroachments, and the like.?

There are federal, state, county and local laws which restrict what you can do with the real property that you own. Laws vary from state to state, but the most common restrictions are:

Zoning - restriction of the property to certain types of usage. For example, residential, commercial, agricultural, etc.

Environmental hazard - whether certain types of chemicals and hazardous materials can be stored on the property, as well as who is responsible for removing and disposing of such materials.

Public access and easements - when a portion of the property must be kept open for others to use. Easements, sidewalks, roadways, allow access to cable/power lines, etc.

Those who most often need a real estate attorney are those who are dealing with landlord and tenant disputes, homeowner association law (HOAs), broker commission disputes, property rights issues and land use issues.

Real estate lawyers represent both commercial and residential brokerage firms, brokers, realtors, salespersons, lenders, and all others in connection with real estate. There are two types of real estate lawyers: transactional and litigation. The transactional real estate attorney assists clients with contracts, agreements, leases, etc., while the litigation attorney handles lawsuits.

Real estate attorneys are experienced in all litigation matters related to these areas of real estate law. People who typically hire real estate lawyers are often those facing foreclosures, those seeking legal counsel for injuries that have taken place on their property, those who have questions regarding ownership and occupation rights, or those who are seeking to avoid litigation by wisely planning ahead and who are still in the planning and development process.

It is wise to become as informed as possible when it comes to this area of the law, particularly if you are an owner of real property. Find a California Real Estate attorney in the Internet Lawyer Directory.