Real Estate Law – The Basics

February 11, 2020June 13, 2021 Stan

Real estate law is multi-categorized and is governed by a lot of different facets. “Real” refers to real property. This is land and the things that are permanently a part of the area, that is, what is attached.

This goes for anything “underneath” too, so if any crude oil or natural gas is buried beneath, the land owner has first rights to the resource.

With property ownership, or the prospect of owning, there come risks. Most of this is liability, liability to the state and those who border the property. For instance, when purchasing a lot within the city, there are zoning restrictions.

A city may designate a certain size structure on the land, and if the owner decided to assemble a four-story goliath mansion home, the other owners of single floor rancher-style houses on that block might not be so pleased, the same goes with the city.

There is a great deal of ownership liability that goes to third-parties as well, such as land owners paying mortgage on a house to a lender. This is probably the most common liability that is known. If the owner does not pay, then they default on the loan and the lender, such as a bank can claim the property as payment.

State Law

Property laws trace its history back to the monarchs who ruled much of the continent of Europe. This was brought to America and from there has evolved a great deal. Real estate law, like most all law type, is still constantly evolving today as new cases are brought to courts.

Because events are often relating to geography and local cultures and law, there are a lot of aspects of real estate law that reflect this and are divided up by states.

For instance, if you were having a land dispute with a neighbor and you owned a tract of land near Coeur d’Alene, Idaho you would ideally want to consult with Coeur d’Alene real estate attorneys — even if you retain an attorney in Pittsburgh or some other city where you make your residence — to know what is fully involved regarding that specific city’s statutes.

A Coeur d’Alene real estate attorney can advise you on the specifics with Idaho’s real property laws and can give you a heads up on what your rights are as a land owner pertaining to that tract of land you own and the dwelling that reside within.

Hiring a real estate attorney’s group, no matter where you plan to buy land, would lend you piece of mind and a defense or litigations counsel if that dispute with the neighbor ends up in court.