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Real Estate Lawyers
Real estate or property law is the law that governs all types
of real property as it relates to land and the personal possessions attached to
the land that are not easily removable and have become part of the estate. A
real estate attorney handles disputes and other matters relating to the
transfer, gift or sale of a parcel of real estate and its improvements. Real
estate property rights are called the bundle of rights these include the right
of enjoyment and occupy, the right to transfer, gift or donate, the right to
lease or rent and the right to do none of the above. A real estate lawyer will
help you keep and maintain these rights if they are threatened.
Real estate law covers acquisition of property and property
rights, estates in land, the conveyance of property interest, future use of the
land and non-possessory interest. The most common of all is the conveyance or
transfer of title to the land. Real estate attorneys become involved in real
estate transactions after a contract of purchase is signed by a buyer and seller.
Upon this agreement of purchase, the real estate lawyer will order an ownership
and encumbrance history report on the property as well as a title search and a
lien search to ensure that the property is free from other claims of ownership.
A real estate attorney will represent their clients in
voluntary and involuntary alienations of their property. Voluntary means that
the owner and legal possessor of the land and improvements transfer the deed to
the property to another party by means of a deed, this deed could be a warranty
deed or quit claim deed. In this case the owner is called a grantor and the
buyer or person receiving possession of the property is called a grantee. The
deeds are prepared by the real estate attorney handling the transaction and
transfer. The attorney ensures that the document is prepared in accordance with
the regulations of the state in which it is being executed. Real estate Lawyers
also represent clients in involuntary alienations; this is the process of
relinquishing a property without the owner's consent. There are five types of
involuntary alienations escheat, eminent domain, foreclosure, adverse
possession and natural forces. Real estate attorneys will represent property owners
who have been threatened by foreclosure, or the loss of real property from eminent
domain. This is when the government takes possession of private real estate to
for public use.
Real Estate Attorneys
Real estate attorneys will prepare and review real estate
contracts and will help their clients enforce and protect their interest
specified in the contract. There are many types of contracts and your real
estate lawyer can help you sort through the lingo to fully understand the
agreement you will be contracted to fulfill. There are express contracts,
implied contracts, unilateral contracts, bilateral contracts and executed
contracts. When the contract complies with all the regulations of the contract
it is deemed a valid contract. The parties to a contract must be mentally
competent to understand the agreements of the contract. Contracts with minors
are often not enforceable. Your real estate lawyer can guide you as to the
validity of the contract and will ensure that your rights are protected. A valid
contract must be for a legal purpose, while a contract that is entered for an
illegal purpose is voidable. Real estate attorneys will assist you if you have
entered into a contract with another party and that party is in the process of
breaching your agreement, there are many options available to you that your real
estate attorney will be able to explain and help you arrive at the best possible
solution.
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