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Real Estate Law

Major issues in real estate and land law

While property laws can apply to different kinds of personal possessions (intellectual property law, for example), real estate law is concerned with buildings that are permanently fixed to the land, and with the land itself. Simply stated, as far as the law is concerned, "real" property is immovable.

From the time the offer is accepted and signed, to mortgage payments in the years to come, real estate law is an important part of buying, selling, working and living on a property. While some are lucky enough to avoid legal issues during their time in their residence, everyone needs certain legal services from the very start.

About Real Estate Law

Every real estate transaction rests on a comprehensive contract that outlines the inclusions, the time frame, and the responsibilities of the buyer and seller. Once you move beyond the contract, legal issues can arise in leasing agreements, mortgage payments and the construction law that applies to your dwelling.

Specific regulations apply to each state, and the details involved with mortgage agreements, abandoned-property law and landlord tenant law are likely beyond the scope of the average property buyer's or renter's expertise. For instance, do you know how to go about extending a lease after you've signed a contract? Some tenant rights aren't advertised, and some landlords hope those rights will be overlooked. An experienced lawyer can ensure that you know what you're getting into and defend your real estate rights if a conflict should arise.

Legal Issues in Land Law and Mortgage Law

Mortgage law governs the payments made by the homebuyer to the lender; failure to pay the monthly fee may result in foreclosure, where the residence is reclaimed by the lender as payment for the loan. However, many states have measures in place to prevent a foreclosure from occurring—a qualified attorney can work with you to establish the most favorable mortgage terms and investigate your options for avoiding dramatic consequences if you are threatened by foreclosure.

Conflicts with neighbors are commonplace events for some homeowners. Land surveys are regular aspects of property maintenance, but what happens when a survey results in a discrepancy between your actual property line and your assumed property line? The consequence is often a property dispute. While many neighbors find a way to resolve their problems on their own, some must resort to legal advice and mediation to ease conflict. In fact, since a hasty act can lead to more legal trouble, you should always contact an attorney before taking matters into your own hands.

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