Den Jen Property & Real Estate

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  • Sometimes referred to real estate law or Land Law, Real Property law governs.

    the various forms of ownership and tenancy in real property and personal

    property. Property law governs who may own and use the land. It also provides.

    the principles and rules by which disputes over property are to be resolved.

Real Property topics include:

Real Property topics include:

  •  transfer of land

  •  ownership of land

  •  disputes over land

  •  tenancies

  •  licences

  •  easements

  •  mortgages; and

  •  adverse possession

First, real estate may be either residential or commercial. It can be owned by one person but used by another through rental arrangements. Land can be bought or sold, and due to its high value, there are many 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. Finally, there may be laws concerning the purposes for which land may be used.

Terms to Know

  • 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.

  • Closing: The meeting in which ownership of real estate is officially transferred.

  • Escrow: Money or property held by a third, disinterested party for safekeeping.

  • Real Estate Agent: A professional licensed to negotiate and conduct real estate transactions.

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 the house. Attorneys will also review the contract of sale to make

sure there it is fair to all parties. Attorneys may charge an hourly fee, or a flat

fee for their services.

DUTIES OF A PROPERTY LAWYER

A property lawyer is primarily involved in transactional work, most often

drafting, negotiating and closing transactions facilitating the business of real

estate, including: (i) selling, buying, and leasing land, buildings.

(ii) development and use of property and managing the local approval

processes.

Real estate lawyers also spend much of their time counseling clients about

these matters.

Due diligence investigations are also a large part of the work done by a real

estate lawyer. These due diligence investigations can include: review of the

physical details of the property and can include an environmental investigation

(to ensure there is no contamination), review the leases of any tenants at the

property, and review of the title to make sure the seller actually owns the

property and there are no easements, incumbrances mortgages or other liens

on the property.

When real estate disputes arise, real estate lawyers will represent their clients

in court. Such litigation might concern breach of contract, zoning compliance,

construction defect, foreclosure, homeowners associations, or boundary

disputes, among other issues.

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This property was recently appraised, asking price $150,000. See photos of area and surrounding views.