July 18th 2012 @ 10:27pm real estate and property law

Real Estate and Property Law

LegalMatch Law Library Managing Editor, Ken LaMance, Attorney at Law

What is Real Estate and Property Law?

Real Estate and Property Law includes a wide amount of
topics, such as buying and selling residential or commercial property to
residential or commercial leases. Common Real
Estate and Property Law disputes involve maintenance of
condominiums and cooperatives, establishing property title and boundary lines,
and zoning and property land use. Real estate and property law also comprises
the financing aspects of property, such as mortgages and foreclosures.

Buying or Selling Property

Brokers: Buying
and selling property is usually done through brokers. Brokers are
people who help people find properties, help owners sell property, and
help with all the paperwork involved with property transactions.
Disclosure: If
you are selling a home, you must be sure to reveal all the property’s
defects you are aware of, such as structural or electrical problems. This
duty is called “disclosure” or “disclosure
of material defects“.
Buyer’s
Duties: A buyer should also inspect the property for defects that
the seller is unaware of. Additionally, buyers should check to see if
there are any mortgages or liens on the property. This check can be done
at the country recorder’s office.

Duties of the Landlord and Tenant in Residential Property
The landlord owes the tenant several duties, including:

Habitability: The
landlord guarantees the property is habitable, which means it is in good
shape by regularly maintaining the property and repairing any problems
that arise – also known as an “implied
warranty of habitability“.
Ordinances: The
landlord guarantees the property conforms to city and state laws

As a tenant you must:

Pay
rent on time
Adhere
to your lease’s restrictions (i.e. no pets, no nuisance, etc.) Failing to
fulfill these duties could result in eviction

Does My Property Have to Conform to Local Zoning
Ordinances?
Most localities have a Planning
or Zoning committee that regulates land use. When this committee
passes a zoning ordinance, all properties in the locality must follow them
unless one of the following exceptions applies:

Variance: You
can apply for a variance, which means that your property would be excused
from conforming to the ordinance. The zoning committee has discretion over
whether or not the variance will be granted.
Non-Conforming
Use: New zoning laws do not affect existing buildings. So a
building that predates the new zoning law is a non-conforming use
of the land and does not need to be changed.

Vea esta página en español: Leyes
de Bienes y Raíces y Bienes Inmuebles o visita Abogados-Leyes.com para
más información legal.

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Last Modified: 07-19-2011 02:34 PM PDT

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