Real Estate Law

Purchasing a new house should be an exciting and joyous occasion for every homebuyer. Buyers who purchased a property already occupied by a tenant, however, may have a disaster on their hands...

A special warranty deed is used to transfer an interest in real property from one party to another. Real property is land or a structure, like a house or building. The party transferring or...

The lease signed by a landlord and tenant should cover acts of nature. It defines the landlord's rights, as well as the tenant's. Note, though, that local and state laws may differ. To learn about...

Lease agreements that give tenants a right to remain on property for a certain period of time can survive a foreclosure during the lease term. Month-to-month tenants, however, have the right to...

Living with relatives can provide all parties with an opportunity to save money while providing assistance to family members. Even though living with relatives can seem like an easy alternative to...

The purpose of this information is to provide who need’s to register, were to register, and the consequence of the failure to register.

Patent land is land originally owned by the federal government and granted to private parties. Most land was given or sold to private individuals by the federal government in order to populate the...

Changing the name on the deed to a house often accompanies catastrophic life events, such as death or divorce. It can also be required on happier occasions, such as a marriage or the purchase or...

A common problem between neighbors involves land line disputes. If you are facing a boundary issue with a neighbor, you need to have a basic understanding of how to resolve land line disputes. The...

Owning a piece of rural property can be a joy when you know your rights as a property owner. Understanding six basic land issues can help eliminate headaches and keep that little piece of heaven...

Married couples who purchase a home or other real property in a state with community property laws will typically record the purchase with a community property grant deed. It's not uncommon for...

A quitclaim deed is the quickest and most hassle-free way to sell a piece of real estate. The quitclaim deed means that the buyer takes the property as is, with no guarantees or warranties...

There are a number of reasons why it is important to clear up vacant business lots. Messy business lots are eyesores, lose value, and can cause the owner to be fined. There are certain strategies...

A Land Patent is also called the First Title Deed or Certificate because it was originally a formal certificate granting land to a person or a company. When the original owner of the land patent...

Trespass laws are designed to provide the owners of real estate with certain rights to protect their property. These include rights to keep unwanted individuals off the property and to remove...

In a typical real estate sale, a bank finances the transaction between buyer and seller and takes a mortgage on the property until the loan is paid off. In a land contract, the seller finances the...

Several laws govern real estate in Mississippi. One source of real estate regulations can be found under Title 89 of the Mississippi Code. Real property generally refers to land plus associated...

An excellent way to offset costs of land ownership or to make the land more profitable is to lease it for hunting. It is not necessary to involve real estate lawyers to write the lease. Clearly...

In some states, foreclosures are a very time consuming and tedious process, but in Texas it's different. In Texas, it is fairly easy to foreclose on a property and the process moves quickly. ...

Water rights are highly desired in real estate transactions. Whether for agricultural use, recreational use or other purposes, water rights can significantly increase the appeal of a real estate...

A quitclaim, which is often erroneously but commonly called a quick claim, is a simple way for an individual to give up interest in a property. The legal document, or deed, is basically a real...

People who lease properties for residential use are known as tenants (also known as "lessee"). The owner of the home being leased is called a landlord (also known as "lessor"). Laws for each state...

Several liens can be placed or attached to primary property. Primary property generally refers to a person's principal place of residence. Architects, mechanics, property tax agencies, attorneys...

A deed is the legal document, or instrument, that proves ownership of a particular piece of land or property. Before an individual can give a piece of land or property to a relative, a transfer...

The title to a property provides a legal description and information on the owner and seller. After the purchase of a home, it may be necessary to add an owner or make corrections. A quitclaim...

A property transfer is the shift of a piece of real property -- a structure, such as a home, or land -- from one individual to another. Unlike selling real property, no money or services are...

Although most mold growth is harmless, a few varieties can cause severe health problems. While there exists some debate about exactly what level of harm exposure to mold can cause, the potential...

A land contract is a written, signed and decisional agreement between a seller and buyer for a piece of property or land. Both the seller and buyer have rights within the agreement that are to be...

In the eyes of the residential tenant, one of the sexiest affirmative defenses to an eviction for the non-payment of rent is a claim that the landlord has failed to adequately maintain the...

One of the best investments a person can make is to own real property. While your property may still fluctuate in value, it is a hard asset that you own, can insure and live in or on. A land lease...

Although joint tenancy and tenancy in common sound like the same type of property ownership, the difference between the two is extremely important. Joint tenancy is a form of property ownership...

Vermont renter's rights laws set forth specific protections for tenants. If a landlord violates any one of these rights, the tenant can take legal action against a landlord in the Superior Court...

The levy process begins when a plaintiff/creditor wins her court case against the defendant/debtor. After losing, the defendant is ordered by the court to pay the plaintiff a sum of money. If the...

Quitclaim deeds, which are deeds without guarantees, are typically used only in special circumstances such as to remove a cloud on a title, during tax deed sales or for transfers between family...

Texas laws on foreclosure are found in Title 5, Chapter 51 of the Texas Property Code. Section 51.002, Sale of Real Property Under Contract Lien, discusses how, when and where foreclosed...

Quitclaim deeds are often used for simple transfers, as opposed to the general sale or purchase of real estate. The legal document contains no warranties, so the purchaser (grantee) cannot sue the...

In this economy, many real estate owners are unable to afford the taxes on their property. If they fail to make these payments, the government can place a lien on that property. If the lien is not...

Business tenants have rights to their property that stem from their lease agreement, and state and federal law. State laws vary depending on what state you live in, but most states provide many of...

Real estate is often intertwined with lawsuits of many varieties. Some lawsuits are disputes over title to real estate, while others simply result in liens, constructive trusts or other legal...

A person obtains real estate in many ways. He may inherit it, obtain it by will, or have it conveyed to him. If a person obtains land through a conveyance he will usually be given a document...

A tax lien is an encumbrance placed against property due to the failure of the property owner to pay taxes, normally federal income tax or state property tax. Although each state has its own tax...

Quitclaim deeds, which are deeds without guarantees, are typically used only in special circumstances such as to remove a cloud on a title, during tax deed sales or for transfers between family...

Mineral rights royalties are payments made by mineral rights producers in exchange for a lease to extract the minerals. Two different types of royalties are in common use. If you plan to lease the...

For legal purposes, oil is considered a "mineral" and is governed by state and local mineral rights law. The extraction of oil, however, presents issues not present with most other minerals,...

Many Americans rent property. Despite this, few tenants are aware of their rights and responsibilities regarding damage and repairs to the property. Whether the damage is as minor as a carpet...

For a renter, eviction can be a confusing process, made worse by a lack of information about what a tenant's rights are in the eviction process. Having an understanding of these rights before an...

Eviction notice requirements relevant to homeowners differ from one state to another. Homeowners may receive one notice or several during the foreclosure process, and the required time to notify...

A 1031 real estate exchange, also commonly called a "like-kind" real estate exchange, is a way to change properties without paying federal income tax when you sell the first piece of property....

If you are thinking of buying real estate and want to invest a little time before making an offer here's how you can check the public records to see what has been officially filed. This will...

Mineral R\rights are rights to the subsurface minerals located under a piece of real property. The rights are either conveyed or reserved in deeds that are placed on public record. A proper title...