26 May 2020
 Categories: Law, Blog

Dealing with property is one of the primary reasons legal systems first came into existence thousands of years ago. Just as our ancestors sometimes struggled to resolve problems involving properties, people today require real estate legal services in a variety of situations. Let's look at some of the reasons why you might call on a law firm for help dealing with a piece of real estate.

Selling, Buying, or Transferring Property

This is easily the simplest problem to describe, and yet it is one with many pitfalls. In particular, providing a clear title to a piece of property can be a complex process. Folks transferring properties to others have to show that there aren't any outstanding liens from creditors or tax agencies. Likewise, they have to comply with disclosure requirements regarding the condition of the land and any buildings on it. Failing to do all of these tasks within the letter of the law may be considered anything from misrepresentation to outright criminal fraud.

Making Use of the Location

It's your property, and you should be able to use it as you see fit, right? Not so fast.

Property usage is regulated for a variety of reasons. Foremost is the idea that misuse of real estate can run counter to the public good, such as someone diverting the source of water that flows into a river. Secondly, how you use a property impacts your neighbors. For example, no wants a polluting factory going up in the middle of a residential area. Finally, there are limits on claims to certain usable items on the property, such as timber, fossil fuels, and water.

If you wish to make use of a property outside these limits, you may want to have a law firm represent your interests. This can be helpful because you'll likely have to petition a court, city council, or homeowners association.

Easements

Getting into, out of, and around properties sometimes requires using someone else's property. This can lead to conflicts, especially if parties take offense to folks being on their land. Straightening this problem out usually leads to what's called an easement.

This is a legal declaration that an outside party has limited usage rights under certain circumstances. For example, you might get an easement across a neighbor's land to move materials and equipment up and down an access road. Another common form of easement allows people to move on foot across a property for recreational or practical purposes.

For more information, reach out to a real estate legal service in your area.