Real Estate Law In Plain English: What Is “Marketable Title”? By: Bob Miles Marketable title (sometimes called “merchantable title”) is of much greater concern for the sale of real estate than with the same of personal property, mainly because of the complex and sometimes arcane rules applicable to real property. Property law recognizes a myriad of interests and procedures in real estate including easements, future interests, leaseholds, mortgages, and adverse possession, among others. For this reason it is quite likely that the interests in a given ... Tags: marketable title, real estate law
Title Searches: An Absolute Must If You Are Considering Purchasing Real Estate By: Bobby Carnes A title search is an absolute necessity if you are going to purchase real estate. Without one, there is no way that you can be certain that the seller even owns the property he is selling to you – so if you “purchase” the property and move in, you might be thrown out years later by the real owner of the real estate. In case you think that’s unlikely, consider that many people buy real estate as an investment even though they may live far away. The owner might lease the real e... Tags: real estate law, title searches
How Real Estate Title Insurance Works: Three Scenarios By: Bobby Carnes 1. You are about ready to purchase a parcel of real estate. Before closing the sale, you have a title insurance company do a preliminary title search to make sure there are no defects in your title. Everything is OK, so you arrange to close the sale as soon as the title insurance company can issue you a policy. The title insurance company does a last-minute search to make sure there haven’t been any changes, closes the sale, and issues you a title insurance policy.
Risks That Real Estate Title Insurance Policies Usually Won’t Cover By: Bob Miles When you purchase real estate, you will almost certainly need to take out a title insurance policy covering you against the risk of unrecorded defects in your title. Following is a list of some of the risks that almost no title insurance company will cover:
1. There is a defect in the title to the property that you purchase, and although it is unrecorded (and thus would normally be covered), you knew about it before the closing of the sale.
How Mortgages Work By: Bob Miles A mortgage is created when someone uses real estate to secure a promise to repay a debt. For example, if you borrow money from a bank and give the bank permission to sell your house to pay off the debt if you don’t pay it back yourself, then you have created a mortgage on your house. Since most people can’t afford to pay cash for a house, most people create what is known as a purchase money mortgage on their house (at least their first house anyway). This means that the bank ... Tags: real estate law, mortgages
Real Property Law: Nuisances By: Bob Miles CYA Disclaimer: The following is intended for reference purposes only and not as legal advice.
“He’s such a nuisance, constantly drumming his fingers on the table like that!”
Just what is a “nuisance”, anyway? Well, it has one meaning in common parlance and another more specific meaning in law, although the meanings are somewhat similar. A nuisance is legally defined as “an unreasonable interference with the use and enjoyment of property”. By the way, lawyers just LOVE... Tags: real estate law, real property law, nuisance law, nuisance
Real Estate Law: Underground Water By: Bob Miles CYA Disclaimer: The following is intended for reference purposes only and not as legal advice.
Do you own the water running under your property? If you’re not the kind of person who would care one way or another, then read no further (although it is beyond me how anyone could fail to be fascinated by this topic!). Internationally, water law is of more critical importance than most people realize, because it is water rather than oil that causes the most political tension in... Tags: real estate law, water law
Real Property Law: Fixtures By: Bob Miles CYA Disclaimer: The following is intended for reference purposes only and not as legal advice.
What is a fixture, anyway? Odds are you own one. The formal definition is “a tangible object that was once personal property but has become so connected with real property that it has become a part of it.” There, does that clear things up? I didn’t think so. Let me try again: “fixtures” means stuff like a commode (once it’s been bolted to the floor of your bathroom, and not a mom... Tags: real estate law, fixtures
Real Estate In Different American States By: arpitgosai The adage about location, location, and location has always been associated with real estate. This is because local factors always influence the value of a property up for sale.
The recent trend in real estate is the emergence of several luxury homes in areas with strong economic growth and plenty of job opportunities. An example is the increased number of real estate investment in the northern part of Charlotte, N.C., near and around the city’s lakes. Tags: real estate, real estate agent, real estate search, arizona real estate, atlanta real esta
Buying a Condo in Manhattan By: Robert 113 Aronov113 Commercial Real Estate
In developing societies, people are always buying and selling real estate. However, it is the job of a real estate lawyer or real estate attorney to provide legal services related to the real estate industry.
Real estate in New York is one of the biggest businesses; New York has the most active commercial real estate market in the world. Therefore, anyone involved in this business must have a lot of information in a bid to get the maximum out of it.
NYC real estate attorneys are experienced professionals who work with clients' changing demand and try to give them the best legal advice and solution on real estate issues. NYC Real estate attorneys are veteran professionals who are ready to provide legal advise in the best possible way. Tags: real estate law, New York real estate lawyers, real estate attorney, real estate lawyers, real
Deed Of Trust Vs Mortgage By: Donthi Anand Real estate law documentation differ from state to state and it is very important and is prerequisite to have complete knowledge before owning a home. Before purchasing a home or a property have an understanding with various terms and documents that are used in the matters of real estate law. Tags: deed, , deeds, , trustee, , deed of trust, , deeds of trust, , mortgage, , home mortgages, , foreclosure
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