Laws for Real Estate deal with matters relating to the purchase and sale of land, including the contract for the sale of land, the deed, title insurance, the recording system, mortgages, and mechanics' liens. Also includes laws pertaining to easements, licenses, and other rights to go onto property as well as the government’s right of eminent domain.

  • What is Real Estate?
    The term real estate, or "real property," refers to the ownership of land and interests in land.


  • Real Property Law
    The law of real property refers to:

    • the series of rights and duties accompanying interests in land, including the rights and obligations pertaining to the purchase and sale of real estate, such as a home, condominium, or office

    • co-ownership of land, easements, and other non-possessory entitlements to use another's land for some narrow purpose (such as for parking or recreation), zoning, and eminent domain


  • The Purchase and Sale of Real Estate: From Contract to Deed
    Every conveyance of real estate consists of a two-step process. First, there must be a land contract. The land contract is short-lived and endures only until step two, the closing of the transaction.


  • Title and Title Insurance
    Title to real property is best understood as ownership of land and the right to use it, with all of its rights, privileges, and duties.


  • Forms of Co-Ownership of Land
    The law recognizes three principal forms of concurrent or co-ownership of land.

  • Condominiums and Cooperatives
    Condominiums and cooperatives are forms of "common interest ownership" in land.

  • What is Adverse Possession?
    Adverse possession is a right which arises in property as a result of continued use and occupancy over a period of time, generally 10 to 20 years depending upon the state.

  • What is a Lien?
    A lien is a charge or encumbrance on property for the satisfaction of a debt or other obligation.


  • Mechanic’s and Materialmen’s Liens
    Mechanic’s and Materialmen’s liens are special rights given to individuals and businesses making improvements to real property. Mechanics and materialmen include any worker or business supplying building materials and supplies for the construction or improvement of real property, or any services such as contract, plumbing, painting, and the like. In some states, professionals such as architects, engineers, and surveyors may also be entitled to a lien for services rendered.

  • Mortgages
    A mortgage is the conveyance of an interest in land that is intended by the parties to be security, or collateral, for the repayment of a monetary obligation.

  • Zoning and Variances
    State and local governments have the power to enact statutes and ordinances, known as zoning regulations, in order to reasonably control the use of land for the protection of general health, safety, and welfare. The power to zone land comes from the state's constitutional police powers.

  • Eminent Domain
    Eminent domain is the power of government to take private property and use it for public purposes. The power of eminent domain is recognized in the United States Constitution, which prohibits the taking of private property "without just compensation." Although the power of eminent domain is usually used to acquire land, it may also be used by government to acquire other forms of property.

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