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Real Estate and Property Law includes a wide range of topics, such as buying, selling, using, and leasing residential or commercial property. Common Real Estate and Property Law disputes involve establishing property title and boundary lines, landlord and tenant disputes, and zoning/land use issues.

Real estate and property law also comprises the financing aspects of property, such as mortgages, liens, and foreclosures. If you have purchased or are thinking about purchasing real estate property, whether it be a home, commercial building or 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. Below are some of the different areas of focus that real estate attorneys can handle.

Commercial Real Estate

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.

A real estate attorney can also help inform you of whether renting or buying a commercial space would be best for your business. Additionally, a real estate attorney can inform you of whether your proposed business will comply with local land use and zoning laws where your commercial space would be.

Condominiums and Cooperatives

Both condominiums and cooperatives are types of "common-interest" communities. In the case of condominiums, owners are usually governed by a CC & R; (Conditions, Covenants, & Restrictions) document. Violators can be fined, and defenders against violation accusations may find it valuable to speak to practiced CC & R lawyers.

Construction Disputes

Construction 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.

If a construction dispute arises, a real estate attorney can help you explore your options and pursue what is in your best interest. Additionally, every state has different lawsuit filing details, procedures and deadlines for a breach of a construction contract claim. A lawyer can help a party conform to the applicable procedural rules and collect all the proper documents to prove a breach.

Landlord and Tenant

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. Renters should review our "What Every Tenant Needs to Know" article to get started. Getting assistance from an experienced landlord tenant attorney can give you lots of knowledge on your local state laws whether you are a tenant or landlord.

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 foreclosure that can occur later on.

Buying a house is a complex and signing a mortgage can be even worse. However, if you get the right advice from an experienced professional such as a real estate attorney, you can save you a lot of money over the duration of your mortgage. A real estate attorney familiar with the market in your area can be a helpful guide through the process.

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 an experienced broker or agent. While a broker 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 are that property's boundaries? Agreed boundary lawyers can assist you if the public record of your property's boundaries differs from the boundaries agreed upon with your neighbor. In fact, if you treat a certain line as a boundary line long enough, it may legally become the property's boundary line under acquiescence to a boundary line law.

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 can be complicated and include disputes with many different types of government authorities and neighbors. It is recommended that you contact a real estate attorney for more information.

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