Legal Articles

Thursday, 5 February 2015

Real Estate Law Explained for Small Businesses

Real Estate Law Explained for Small Businesses

Real estate law is a common term used in many countries such as the United States, United Kingdom, Canada and New Zealand. It is used to define property that comprises of land and also the fixed structures constructed on it, such as houses, buildings, warehouses etc. It also includes all the natural resources on the land such as crops, minerals and water supplies.

Property law and real estate law covers a broad area of law, which is governed by federal and state governments as well as judges made by common law. Many aspects in this area of law are also overlapped with the laws of contract. Apart from the physical aspects of the land, this area of law also covers the benefits and interests on the land, as well as the rights that are legally considered as attached to the property. This can include rights of entering the air space of the land, using the underground land for various purposes such as drilling and piping. It also includes the rights to live on the property, either for a specific time or permanently.


The practicing area of property and real estate related laws often deal with different types of related issues. These can include the interests and rights present within a particular property, sale of the land and other type of transfers of the land; both monetary and nonmonetary. Legal aspects such as tenancies, rents, mortgages, licenses, foreclosures, development, zoning, land use and leases are also various issues that arise in the court of law.It is a complicated area of practice and further inconsistency arises with significant inconsistency in the laws of different countries, and more likely with different laws of cities and states within a country. The 
real estate lawyers and attorneys of land law are involved in various different activities such as the drafting of deeds for their clients, filing of security interests in relevant departments, handling zoning, boundary and foreclosure disputes in the court of law.


Many of the court cases involve problems of the leasehold estate. This is a relationship of a land owner and the tenant who has acquired the land on leasehold, for a contracted time and value. Issues that often arise regarding leaseholds are when a tenant fails to make rent payments on the property or refuses to vacate the property on the end of the contracted term. Further provisions that aid the tenants in this area of law is when he wishes to create a sub-lease on the land i.e. they wish to further give the land on a lease, which they themselves have acquired on a lease.


Mortgage issues mostly arise between landowners and banks whereby owners of the land acquire loans form the bank against their real estate property and fail to pay back the loan amount. Licenses are granted by landowners to exercise particular activity on the land as per contract. When the licensee exceeds his contractual authority and uses the real estate property for other purposes. Disputes and cases regarding sales of land and real estate are mostly very generic in nature.


 Real estate Attorney, Real estate Lawyer


WHAT DO REAL ESTATE LAWYERS DO?

WHAT DO REAL ESTATE LAWYERS DO?

Purchasing real estate, either a home, commercial building or a land you may want to consult with a real estate lawyer in order to protect yourself from any unforeseen liabilities that might be attached to the property.

Real estate deals are becoming ever more complex. Increasingly they are cross border, highly structured and involve sophisticated financing arrangements. It is a wise decision if you consult a real estate lawyer    to seek advice on these sorts of transactions with the specialist real estate capability across all product lines, unparalleled reputation in finance and well resourced global network.

Real estate lawyers advise on development and planning, projects and construction, and many other complex matters which needs legal advice corporate occupation, tax, finance, real estate investment fund formation, structuring and joint ventures, and complex real estate mergers and acquisitions.
Below are some of the different areas of focus that real estate attorneys can handle.


Commercial Real Estate Law

Commercial real estate law is a category of real estate law that establishes standards for commercial leases and the purchase and sale of commercial real estate. Commercial lease lawyers who are familiar with commercial lease terms can help you review potential lease contracts and avoid future pitfalls.

Construction Law Disputes
Construction law disputes are common in the construction industry, and many of them revolve around construction delays. Because the debate over delays can be tense and time-consuming, construction dispute mediation can be a great, cheap alternative to litigation. Real estate lawyers can also serve where mediation has failed.

Landlords and Tenants

Landlord and tenant law is at the foundation of many real estate transactions, including eviction, lease signing, subletting, and more. It is difficult to be a successful landlord in any situation, but familiarizing yourself with real estate law gives you firm ground to stand on should a dispute arise. A good grip on the law is important for tenants as well. 


Mortgages

Mortgages are liens that are put on your property by a bank or financial institution, usually in exchange for a large loan. There are several types of mortgages currently available to homeowners, and choosing the right one for your situation is one way of avoiding problems that can occur later on. Speaking to real estate lawyers is the first step to staying on top of your mortgage.

Purchase and Sale of Residence
The purchase and sale of a residence or home can be done completely on your own, but is more often executed through experienced agents. While a lawyer can make the sale of your house much easier, it also brings contracts and commissions into the mix. If you decide to sell through an agent, real estate lawyers can review your contract with them before it is signed.


Title and Boundary Disputes

Title and boundary disputes center on issues of property ownership: who owns a property and where that property’s boundaries are. Agreed boundary lawyers can assist you if the public record of your property's boundaries differs from the boundaries agreed upon with your neighbor.


Zoning, Planning, and Land Use

Zoning, planning, and land use laws give local governments control over the way that land is used-usually with the goal of creating uniform neighborhoods and areas. Zoning laws can be very complex, and many types of zoning exist to regulate building. The violation of zoning laws can be a serious (and expensive) offense, and those accused of violating zoning laws should speak with local real estate lawyers in their area.



Real estate Attorney, Real estate Lawyer


Friday, 9 January 2015

REAL ESTATE ATTORNEYS ALABAMA

Alabama Real Estate Attorneys & Lawyers for Hire on-demand

Find & compare from several experienced Alabama real estate attorneys & lawyers on UpCounsel that can help represent landlords, property management companies, condominium associations, and tenants on a variety of legal issues relating to real estate purchases, leasing, rent increases or decreases, habitability issues, condo conversions, code violations, owner move-in situations, and more in the state of Alabama.

The affordable Alabama real estate lawyers found here can also provide client service across residential and commercial real estate disputes ranging from specific performance of a real estate purchase agreement to land use or zoning issues and construction defect litigation. Real estate agents are generally prohibited from attempting to provide legal counsel or to serve as your legal representative in any manner regarding real estate law. Therefore, during the course of going through a property deal you (as the seller or the buyer) should have your interests represented by an experienced Alabama real estate lawyer. This way you get your deal done right the first time, rather risking more expenses or missed opportunities in the short or long-term with your real estate deal.

If you require real estate legal services, then you should absolutely consult with several attorneys and then hire an experienced Alabama real estate attorney on UpCounsel before you sign any paperwork to buy, sell, or rent property. If you've already started the process and now feel that you did not really understand every little detail of the sales contract you will be required to sign, then you should connect with one or more of the real estate attorneys serving Alabama on UpCounsel and hire the one you that best fits your needs and budget. Especially if something in your contract doesn’t make sense or seems out of the ordinary. The smallest oversight or clause could end up costing you big time, so it would be very wise of you to quickly get in touch with a few Alabama real estate lawyers and weigh your legal options today to ensure you get legal peace of mind.

For more information, go here: https://www.upcounsel.com/real-estate-attorneys-alabama

REAL ESTATE ATTORNEYS ALASKA

Alaska Real Estate Attorneys & Lawyers for Hire on-demand

Find & compare from several experienced Alaska real estate attorneys & lawyers on UpCounsel that can help represent landlords, property management companies, condominium associations, and tenants on a variety of legal issues relating to real estate purchases, leasing, rent increases or decreases, habitability issues, condo conversions, code violations, owner move-in situations, and more in the state of Alaska.

The affordable Alaska real estate lawyers found here can also provide client service across residential and commercial real estate disputes ranging from specific performance of a real estate purchase agreement to land use or zoning issues and construction defect litigation. Real estate agents are generally prohibited from attempting to provide legal counsel or to serve as your legal representative in any manner regarding real estate law. Therefore, during the course of going through a property deal you (as the seller or the buyer) should have your interests represented by an experienced Alaska real estate lawyer. This way you get your deal done right the first time, rather risking more expenses or missed opportunities in the short or long-term with your real estate deal.

If you require real estate legal services, then you should absolutely consult with several attorneys and then hire an experienced Alaska real estate attorney on UpCounsel before you sign any paperwork to buy, sell, or rent property. If you've already started the process and now feel that you did not really understand every little detail of the sales contract you will be required to sign, then you should connect with one or more of the real estate attorneys serving Alaska on UpCounsel and hire the one you that best fits your needs and budget. Especially if something in your contract doesn’t make sense or seems out of the ordinary. The smallest oversight or clause could end up costing you big time, so it would be very wise of you to quickly get in touch with a few Alaska real estate lawyers and weigh your legal options today to ensure you get legal peace of mind.

For more information, go here: https://www.upcounsel.com/real-estate-attorneys-alaska

REAL ESTATE ATTORNEYS ARIZONA

Arizona Real Estate Attorneys & Lawyers for Hire on-demand

Find & compare from several experienced Arizona real estate attorneys & lawyers on UpCounsel that can help represent landlords, property management companies, condominium associations, and tenants on a variety of legal issues relating to real estate purchases, leasing, rent increases or decreases, habitability issues, condo conversions, code violations, owner move-in situations, and more in the state of Arizona.

The affordable Arizona real estate lawyers found here can also provide client service across residential and commercial real estate disputes ranging from specific performance of a real estate purchase agreement to land use or zoning issues and construction defect litigation. Real estate agents are generally prohibited from attempting to provide legal counsel or to serve as your legal representative in any manner regarding real estate law. Therefore, during the course of going through a property deal you (as the seller or the buyer) should have your interests represented by an experienced Arizona real estate lawyer. This way you get your deal done right the first time, rather risking more expenses or missed opportunities in the short or long-term with your real estate deal.

If you require real estate legal services, then you should absolutely consult with several attorneys and then hire an experienced Arizona real estate attorney on UpCounsel before you sign any paperwork to buy, sell, or rent property. If you've already started the process and now feel that you did not really understand every little detail of the sales contract you will be required to sign, then you should connect with one or more of the real estate attorneys serving Arizona on UpCounsel and hire the one you that best fits your needs and budget. Especially if something in your contract doesn’t make sense or seems out of the ordinary. The smallest oversight or clause could end up costing you big time, so it would be very wise of you to quickly get in touch with a few Arizona real estate lawyers and weigh your legal options today to ensure you get legal peace of mind.

For more information, go here: https://www.upcounsel.com/real-estate-attorneys-arizona

REAL ESTATE ATTORNEYS ARKANSAS

Arkansas Real Estate Attorneys & Lawyers for Hire on-demand
 
Find & compare from several experienced Arkansas real estate attorneys & lawyers on UpCounsel that can help represent landlords, property management companies, condominium associations, and tenants on a variety of legal issues relating to real estate purchases, leasing, rent increases or decreases, habitability issues, condo conversions, code violations, owner move-in situations, and more in the state of Arkansas.

The affordable Arkansas real estate lawyers found here can also provide client service across residential and commercial real estate disputes ranging from specific performance of a real estate purchase agreement to land use or zoning issues and construction defect litigation. Real estate agents are generally prohibited from attempting to provide legal counsel or to serve as your legal representative in any manner regarding real estate law. Therefore, during the course of going through a property deal you (as the seller or the buyer) should have your interests represented by an experienced Arkansas real estate lawyer. This way you get your deal done right the first time, rather risking more expenses or missed opportunities in the short or long-term with your real estate deal.

If you require real estate legal services, then you should absolutely consult with several attorneys and then hire an experienced Arkansas real estate attorney on UpCounsel before you sign any paperwork to buy, sell, or rent property. If you've already started the process and now feel that you did not really understand every little detail of the sales contract you will be required to sign, then you should connect with one or more of the real estate attorneys serving Arkansas on UpCounsel and hire the one you that best fits your needs and budget. Especially if something in your contract doesn’t make sense or seems out of the ordinary. The smallest oversight or clause could end up costing you big time, so it would be very wise of you to quickly get in touch with a few Arkansas real estate lawyers and weigh your legal options today to ensure you get legal peace of mind.

For more information, go here: https://www.upcounsel.com/real-estate-attorneys-arkansas

REAL ESTATE ATTORNEYS CALIFORNIA

California Real Estate Attorneys & Lawyers for Hire on-demand

Find & compare from several experienced California real estate attorneys & lawyers on UpCounsel that can help represent landlords, property management companies, condominium associations, and tenants on a variety of legal issues relating to real estate purchases, leasing, rent increases or decreases, habitability issues, condo conversions, code violations, owner move-in situations, and more in the state of California.

The affordable California real estate lawyers found here can also provide client service across residential and commercial real estate disputes ranging from specific performance of a real estate purchase agreement to land use or zoning issues and construction defect litigation. Real estate agents are generally prohibited from attempting to provide legal counsel or to serve as your legal representative in any manner regarding real estate law. Therefore, during the course of going through a property deal you (as the seller or the buyer) should have your interests represented by an experienced California real estate lawyer. This way you get your deal done right the first time, rather risking more expenses or missed opportunities in the short or long-term with your real estate deal.

If you require real estate legal services, then you should absolutely consult with several attorneys and then hire an experienced California real estate attorney on UpCounsel before you sign any paperwork to buy, sell, or rent property. If you've already started the process and now feel that you did not really understand every little detail of the sales contract you will be required to sign, then you should connect with one or more of the real estate attorneys serving California on UpCounsel and hire the one you that best fits your needs and budget. Especially if something in your contract doesn’t make sense or seems out of the ordinary. The smallest oversight or clause could end up costing you big time, so it would be very wise of you to quickly get in touch with a few California real estate lawyers and weigh your legal options today to ensure you get legal peace of mind.

For more information, go here: https://www.upcounsel.com/real-estate-attorneys-california