General Real Estate Law
What is real estate law?
Real estate law governs the ownership, use, and transfer of real property (land and buildings).
What is the difference between real property and personal property?
Real property includes land and anything permanently attached, while personal property refers to movable items.
Read Also:
- https://swiftlawadvisor.com/25-things-you-should-know-about-property-ownership-laws/
- https://swiftlawadvisor.com/20-common-property-law-disputes-and-how-to-resolve-them/
- https://swiftlawadvisor.com/40-must-know-property-law-tips-for-buyers-and-sellers/
What is a deed?
A deed is a legal document that transfers ownership of real property from one party to another.
What is a real estate attorney?
Attorneys help with transactions, contracts, disputes, title issues, and legal compliance.
What is a title search?
A title search is an investigation into the ownership history of a property to ensure there are no legal issues.
Buying and Selling Property
What is a purchase agreement?
A contract between buyer and seller outlining the terms of a property sale.
What are closing costs?
Finalization fees of the real estate transaction, which consist of taxes, legal fees, and title insurance.
What occurs at closing?
Transfer of ownership, signing of all documents, and exchange of funds.
What is earnest money?
A deposit made by a buyer in order to demonstrate serious intent to purchase a property.
What is a contingency in a real estate contract?
Conditions that must be met for the contract to be valid, such as inspections or financing approval.
Property Ownership and Rights
What is the “bundle of rights”?
The rights to property ownership: possession, control, exclusion, enjoyment, and disposition.
What is an easement?
A legal right whereby someone can use another’s land for a particular purpose.
What is adverse possession?
A legal principle that enables one to acquire land through continuous, open, and hostile use.
What is a restrictive covenant?
A restriction in the use of property, commonly imposed by developers or HOAs.
What are zoning laws?
Land use regulations, residential, commercial, or industrial.
Disputes and Liabilities
What is a boundary dispute?
A dispute over property lines between neighbors.
How are boundary disputes resolved?
Property surveys, negotiation, mediation, or court action.
What is a lien on property?
A claim against a property as security for a debt, such as unpaid taxes or mortgages.
What is a nuisance claim?
Legal action against activities interfering with the enjoyment of property, for example, loud noises.
What is eminent domain?
The right of the government to take private property for public use with just compensation to the owner.
Landlord-Tenant Issues
What are a landlord’s legal obligations?
To provide a safe habitable property and to comply with lease terms and laws.
Can a landlord enter a rented property at any time?
No, landlords usually have to give notice unless there is an emergency.
What happens if a tenant breaks the lease?
Tenants can be penalized financially or in court, depending on the lease.
What are a tenant’s rights in eviction?
Tenants have the right to proper notice and, in some cases, a court hearing.
Can a tenant withhold rent for repairs?
In some jurisdictions, tenants can withhold rent or repair and deduct costs for habitability issues.
Mortgages and Foreclosures
What is foreclosure?
It is the process through which a lender takes control of a property because of unpaid mortgage debt.
Is foreclosure reversible?
Yes, payment plans, loan modifications, or bankruptcy filings can stop it.
What is a short sale?
The sale of a property below the mortgage debt amount, subject to lender approval.
What is a reverse mortgage?
A type of home equity access for a senior that remains in possession of the property.
What happens if you don’t pay your mortgage?
The lender may initiate foreclosure or negotiate repayment options.
Next Steps
Real estate law varies by jurisdiction. Always consult local laws or a qualified real estate attorney for specific situations.
Would you like more detailed explanations, legal templates, or advice on specific scenarios?
