what is the list of real property attorney

What is “Real Property”?

Property laws make distinctions between two main types of property: “real property” and “personal property”. These classifications have many implications, legally speaking.

What is the difference between personal property and real property?

In comparison, personal property is defined as “anything that may be subject to ownership, besides land”. Thus, the main foundation of physical property is that it can be moved, unlike land or real property.

What Happens to Real Property During a Divorce?

In comparison, real property can be difficult to “divide”.

What is considered separate property?

In contrast, property obtained outside of the marriage (i.e. before the marriage) may be considered “separate” property; each spouse usually keeps their own separate property in full when they divorce. Communal property generally does NOT include: 1 Property obtained before marriage; 2 Property given as a gift specifically to only one spouse; 3 Any property obtained after divorce or separation proceedings has already been initiated.

What is trespassing in real estate?

Trespassing occurs when a person enters another person’s land or real property unlawfully and without their permission. Trespassing can also involve other issues, such as interfering with another’s ability to use their property, or when a person remains on property without permission.

What is intellectual property?

For instance, state and federal laws often address other types of property like: Intellectual Property: Intellectual property is a type of property that is generally intangible and without physical form, such as songs, names and logos attached to products, inventions, and authored works.

What is tangible property?

Tangible personal property includes items that can be physically handled, like jewelry, clothes, electronics, etc. Intangible property are assets that can’t be handled, like stocks or bank account amounts . So, as you can see, there will be major differences with regard to laws covering real and personal property.

What do real estate attorneys do?

Real estate attorneys who represent sellers are responsible for handling deeds, insurance declarations, and payoff letters.

What does an attorney do for a buyer?

On the buyer’s side, attorneys can provide advice related to financing, estate planning, tax law, and first-time home buyer credits.

What is the transfer of real property?

The transfer of real property includes the bundle of legal rights, which give landowners the freedom to possess or occupy the property, enjoy their land without interference, restrict others’ access to the property, and dispose of their ownership rights as they see fit.

What is Robinson Law Firm?

Robinson Law Firm LLC is a general practice legal office representing the people of Wichita and the nearby communities. A part of the firm's practice is dedicated to real estate law and litigation, and its attorneys work with individuals and companies during transactions and disputes. The legal team handles boundary and easement issues, quiet title processes, foreclosures, insurance litigation, and environmental matters. It also mediates between parties during suits involving construction and remodeling for commercial and residential properties. Founding attorney Edward Robinson is a member of the Kansas Trial Lawyers Association.

When to consult an attorney for a buyer?

Buyers are encouraged to consult an attorney when purchasing damaged or bank-owned property or real estate located in high-risk areas. Attorneys can also assist out-of-town buyers and negotiate favorable solutions if liens, structural issues, or legal challenges crop up during the procurement.

Do you need a lawyer at closing?

However, legal representation is required in approximately 20 states , and some jurisdictions require a lawyer to be present at the closing. Usually, real estate attorneys take over once real estate agents have an offer in hand.

What are the different types of real estate?

There are further divisions within the real property classification. The most important are freehold estates, nonfreehold estates , and concurrent estates. (Others are future interests, specialty estates, and incorporeal interests). Freehold estates are those in which an individual has ownership for an indefinite period of time. An example of a freehold estate is the fee simple absolute, which is inheritable and lasts as long as the individual and his heirs wants to keep it. Another example is the life estate, in which the individual retains possession of the land for the duration of his or her life. Nonfreehold estates are property interests of limited duration. They include tenancy for years, tenancy at will, and tenancy at sufferance. Concurrent estates exist when property is owned or possessed by two or more individuals simultaneously.

What is Real Property Law?

Real property law is the law that protects a person's rights to possess, use, and enjoy land. Real property law also includes the interests a person is entitled to hold in real property, relationships between owners and the community, landlord and tenant relations, financing, including deeds and mortgages, purchases and leases.

What is a real estate broker?

Real estate brokers are employed as the agent of the seller in order to obtain a buyer for their property. See Agency. The contract between the broker and seller is called a listing agreement. The agreement may be an open agreement where by the broker earns a commission only if he or she finds a buyer.

What is real estate transaction?

Real estate transactions are governed by a wide body of federal statutes and state statutory and common law. The requirements established by state law often differ significantly from one state to the next. Real estate brokers are employed as the agent of the seller in order to obtain a buyer for their property.

What is the law that governs the sale of real estate?

The agreement to sell between a buyer and seller of real estate is governed by the general principles of contract law. See Contracts. The Statute of Frauds requires that contracts for real property be in writing. See, e.g., California Civil Code 1624.

Who has the right to transfer mortgage interest?

The mortgagor and the mortgagee generally have the right to transfer their interest in the mortgage. Some states hold that even when the purchaser of a property subject to a mortgage does not explicitly take over the mortgage the transfer is assumed. Mortgagees employ due-on-sale and due-on-encumbrance clauses to prevent the transfer of mortgages. These clauses allow acceleration (having the principal and interest become due immediately) of the mortgage. In 1982, Congress made these clauses enforceable nationwide by passage of the Garn-St Germain Depository Institutions Act of 1982. The law of contracts and property govern the transfer of the mortgagee's interest.

Why is it important to buy real estate?

Purchasing real property is one of the most difficult and important decisions in a person's life, which is why it is important to make sure your rights are protected. Real property lawyers have extensive experience dealing with many of the different areas of real estates, from leases to foreclosures.

What does a real estate attorney do?

A real estate attorney prepares or reviews all of the documents that are signed at the closing of a real estate purchase. The attorney is then present at the closing to represent the buyer's (or the seller's) interests. Real estate law is a matter for state and local jurisdictions.

What does a lawyer do in real estate?

Lawyers who specialize in real estate ensure that proper procedures are followed during the acquisition or sale of property. They also may be concerned with how a property is zoned for usage. Real estate law covers deeds, property taxes, estate planning, zoning, and titles.

What is closing on a property?

Closing is when the money is paid and the title is transferred. The attorney is there to ensure the transfer is legal, binding, and in the best interests of the client. During the purchase of a property, the real estate attorney and staff might prepare documents, write title insurance policies, complete title searches on the property, ...

What is real estate law?

Real estate law encompasses the purchase and sale of real property, meaning land and any structures on it. It also covers legal issues related to anything attached to the property or structures, such as appliances and fixtures.

How long does it take to become a real estate lawyer?

Qualifications. Like any lawyer, a real estate lawyer has earned a law degree, which typically takes three years of study for a full-time student. They have also passed the state bar exam administered by the state in which they practice. Training for real estate law may begin with elective courses and internships during law school, ...

Which states do not require real estate lawyers?

Four states—Illinois, New Jersey, New York, and Ohio— do not require real estate lawyers, however they are typically involved in transactions according to local custom and practice. 1. If you don't live in one of these states, it's up to you whether you want to hire an attorney.

Do you need a real estate attorney at closing?

Many states require a real estate attorney be present at closing. Even if your state does not require one, you might want a real estate attorney to be there for you. A real estate attorney will represent your interests at closing. They will review all paperwork in advance and advise on any problems or omissions with the documentation. 1.

What Do Property Lawyers Do?

Property lawyers provide their clients with legal advice when it comes to real estate and property disputes. Property lawyers can help with negotiations, due diligence, litigation, foreclosures, deed transfers, zoning restrictions, and coordination with lending agents or any other parties involved in the sale of a property.

What Are Issues a Property Lawyer Can Help With?

They know the ins and outs of real estate and property law and are best positioned to help you deal with whatever real estate or property matters you have. Legal contracts are filled with legal jargon that can be confusing to most people. A property lawyer can help you understand the terms and conditions of a contract before you sign it.

What Questions Should I Ask My Property Lawyer?

Depending on why you are hiring a property lawyer, you should have a series of questions ready to go. Here are some common questions you can ask to help evaluate if a property lawyer is a right fit for you:

What Is Property?

Property is anything that belongs to someone and can either be given, bought, or sold to someone else. A property can be either tangible or intangible, and it can belong to someone in one of two ways. Property can be yours through possession or through title, or both. Possession means you physically control that property. You may be living on it or utilizing it in some way to have possession of it. Title property refers to whoever owns the documentation of that land or building. In many cases, the property owner may have both title and possession, but this isn't always the case.

What Is Real Property?

Real property is the land, everything that is permanently attached to the land, and all of the rights of ownership, including the right to possess, sell, lease, and enjoy the land. Real property can be classified according to its general use as residential, commercial, agricultural, industrial, or special purpose. In order to understand if you have the right to sell your home, you need to know which rights you possess—or don't possess—in the property.

What is the amount and kind of interest a person has in real property called?

The amount and kind of interest a person has in real property is called an "estate in land." Estates in land are broken down into two major classifications: Freehold estates and nonfreehold estates.

What are some examples of freehold estates?

Examples of freehold estates include: Fee simple. A holder of an estate in fee simple is entitled to all rights in the property. It is the highest type of interest in real estate recognized by law. This estate is of unlimited duration, and when the owner dies, the estate passes to the owner's heirs. Life estate.

What is the difference between land and real estate?

Land also includes the minerals below the earth's surface and the airspace above the land. In contrast, real estate is defined as the land at, above, and below the earth's surface, including everything that's permanently attached to it, whether natural or artificial. So, while land includes only those components permanently attached by nature, ...

What is land in real estate?

Land is defined as the earth's surface extending downward to the center of the earth and upward to infinity, including everything that is permanently attached by nature, such as boulders, trees, and water. Land also includes the minerals below the earth's surface and ...

Is personal property movable?

It includes the land, everything that is permanently attached to it, and the rights that "run with" the land. Personal property, on the other hand, is movable. It is defined as everything that is not real property, such as your clothes, furniture, cars, boats, and any other movable items that aren't attached ...

Is personal property the same as real estate?

For practical purposes, the term real estate is synonymous with real property . Personal property is considered to be all property that doesn't fit the definition of real property, such as clothes, cars, and furniture.