Practice Areas : Estate Planning
Practice Areas : Business Law
Practice Areas : Business Law
Practice Areas : Business Law
Practice Areas : Business Law
Practice Areas : Business Law
Practice Areas : Asbestos & Mesothelioma
Real estate attorneys handle the ownership and transfer of property: purchase and sale contracts, title problems, closings, easements and boundary disputes, zoning and land use applications, commercial leases, construction and development agreements, and litigation over all of it.
In some states an attorney is required at a residential closing; in others the work is done by a title company and a lawyer appears only when something goes wrong. Commercial deals almost always involve counsel on both sides.
Before you hire
Landlord-tenant, construction, foreclosure defence and municipal land use matters have their own categories in this directory.
“Squatters' rights” usually refers to adverse possession — a legal doctrine that can let someone who openly occupies another's land for a long statutory period, often 10 to 20 years, become its legal owner. Separately, squatters in a home cannot simply be thrown out by the owner; in most states removal requires a legal process.
A lien is a legal claim against a property that secures a debt. It gives the creditor the right to be paid from the property — through foreclosure or when it is sold or refinanced — if the debt is not paid. Common liens include mortgages, tax liens, contractors' mechanic's liens and court judgment liens.
A quitclaim deed transfers whatever interest the signer has in a property — if any — without promising that the title is valid or free of liens. It is quick and cheap, and is commonly used between family members, spouses in a divorce, or to put property into a trust, but it offers the buyer no protection.
An easement is a legal right to use someone else's land for a specific purpose without owning it — for example, a driveway across a neighbor's lot, utility lines, or a path to the beach. Most easements run with the land, so they bind future owners of the property and benefit future owners of the land they serve.
Eminent domain is the government's power to take private property for public use, as long as it pays the owner just compensation. The Fifth Amendment allows it for projects such as roads, schools, pipelines and utilities. Owners cannot usually stop a lawful taking, but they can challenge it and fight for a higher payment.
Escrow is an arrangement in which a neutral third party holds money or documents until the conditions of a deal are met. In a home purchase, the escrow agent holds the buyer's deposit and funds and the seller's deed until closing. After closing, a mortgage escrow account collects property taxes and insurance with each payment.
Real estate law governs land and anything permanently attached to it: how property is bought, sold, financed, leased, used and passed on. It covers deeds and titles, purchase contracts, mortgages and foreclosure, landlord-tenant relations, zoning and land use, easements, boundary disputes and homeowners' associations. It is mainly state and local law.
Title insurance protects a property owner or lender against financial loss from defects in the title that existed before the purchase — such as forged deeds, unknown liens, errors in public records or undisclosed heirs. It is paid once at closing. A lender's policy protects the bank; an owner's policy protects the buyer.