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Real Estate Law
Legal Matters Related to Property
Real estate law, also known as property law, governs the rights and responsibilities associated with the ownership, use, and enjoyment of land and any permanent structures attached to it. As a branch of civil law, real estate law affects a wide range of people in their daily lives, including homeowners, renters, landlords, buyers, and sellers. It provides the legal framework for property transactions, disputes, and the protection of property rights.
Real Property & Personal Property
Property is broadly classified into real property and personal property, with roots in British common law. Real property refers to land and anything permanently attached to it, such as buildings, crops, minerals, oil, and gases. In modern contexts, real estate encompasses activities like buying, selling, and renting land. Personal property includes movable items and intangible assets like stocks, money, and intellectual property. Together, these categories define the legal framework for ownership and use of tangible and intangible assets.
Real Estate Sales & Purchases
When a property is sold, real estate brokers or agents are often hired by the seller to find a buyer. These professionals are licensed and regulated under state laws. Real estate agreements between buyers and sellers are governed by contract law and usually must be in writing. Property titles must be marketable, with attorneys or title insurance companies often involved to verify ownership. To transfer property, a deed with an accurate description must be executed, delivered, and sometimes officially recorded depending on state regulations.