Major Topics in Real Estate Law
Real estate law is complicated and far reaching. In the U.S., real estate is largely governed by state law, but some federal law may come into play as well, such as regulation of environmental contamination and historic preservation. Here are some of the main topics in real estate law today:
Commercial Real Estate – Business leases; shopping centers; urban renewal projects; vacation properties; historic preservation; office-space development; building construction; apartments, condominiums, cooperatives and time shares; residential neighborhood development; environmental regulation; building and safety code compliance; zoning; land acquisition; commercial property renovation; utilities; handicap accessibility; commercial landlord duties; mortgages and other financial issues; insurance; legal document execution; government regulation of lead paint, asbestos, radon and other dangerous materials in buildings; title issues; property taxes; valuation; easements, licenses, permits and variances; boundary disputes
Eminent Domain – Condemnation; property valuation; relocation assistance; fair compensation; constitutional issues; negotiation with public officials; litigation; urban renewal projects; inverse condemnation; public use; private use; historic preservation
Environmental Regulation – Underground storage tanks (USTs); pollution; contamination clean up; negotiation with governmental authorities; clean water and air issues; safety and public health regulations; toxic or hazardous waste; property valuation; liability issues; clean-up costs; disclosure duties; regulation of lead paint, asbestos, radon and other dangerous materials in buildings; utilities; wetlands; environmental impact studies
Landlord and Tenant – Habitability; lease drafting and negotiation; repairs; discrimination; handicap accessibility; eviction; rent payment; lease termination; damage deposits; government regulation; building and safety code compliance; building insurance; renters insurance; government regulation of lead paint, asbestos, radon and other dangerous materials
Residential Real Estate – Home sales; property transfers by wills, inheritance or gifts; property taxes; valuation; special or local assessments; building and safety code compliance; zoning; home construction; land acquisition; environmental regulation; easements, licenses, permits and variances; utilities; vacation or second homes; mortgages and home-improvement loans; homeowners and hazard insurance; legal document execution; government regulation of lead paint, asbestos, radon and other dangerous materials in buildings; clean water issues; wells; title issues; family farms; adverse possession; boundary disputes; historic preservation
Zoning – Residential neighborhood development; commercial and industrial development; environmental regulation; rezoning; density; land use; permits and variances; rural land issues
All of these real-estate issues can involve interaction with other parties including negotiation, contracts, conflict resolution and even litigation in court. Consultation with an experienced real estate lawyer is wise for guidance and advice when you deal with property matters, including compliance with complex laws and interaction with government agencies.
Copyright © 2014 FindLaw, a Thomson Reuters business
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.