Real Estate Law
Buying a new home, land or major property is a big investment – and not just financially. Purchasing real estate can take a toll mentally as well, especially when dealing with agents, landlords, tenants, investors and of course your very own neighbors. When things aren’t on the up-and-up or disputes happen over title errors, property boundaries, or evictions, things can get real messy really quickly.
King Law Firm Attorneys at Law, Inc. understands the complexities of real estate law. Also known as property law, real estate law controls ownership and the purchase, sale and use of land. This includes the rights of possession and renting of land and structures. It also covers the use and enjoyment of land and structures built upon it, as well as all the minerals, oil and gas below it.
Real estate law impacts almost every adult on a daily basis. It is tied to other areas of law, including contract law (purchasing and selling of real property), inheritance laws, criminal laws (trespassing and others), tax laws, as well as family law (divorce and joint ownerships).
We at King Law Firm Attorneys at Law, Inc. represent buyers, sellers, homeowners, individual property owners, commercial tenants and landlords against all unlawful activity and will provide each and every client with the most knowledgeable representation in and out of court.
Most importantly, we wish to educate everyone on your rights and options, correct any possible title issues, contract preparation and review, and advise on any possible troublesome transactions (including seller carrybacks, unlawful evictions, wrap-around contracts, foreclosures and leasebacks).
Residential and Commercial Title
When a piece of land or real property is bought or sold, the buyer receives title to the property. Title gives a person direct legal ownership of real property (aka, land and structures built upon, or affixed to, the land) as well as the legal right to use the property.
To transfer a title, it first must be cleared prior to the sale, transfer or purchase. After it has been cleared, the proper description of the property must be executed in a deed and be officially recorded.
Because a defective title can complicate the sale of property and the exercise of a person’s right over that property, it’s always best practice to have a qualified attorney perform a title search (examining public records) prior to the purchase of any real property.
A quiet title works to investigate claims of ownership disputes that may lead to litigation, determine who has legal interest in a property, and resolve other existing issues and defects in a title. Once a determination of ownership has been made through a quiet title action, no future challenges may be made.
King Law Firm Attorneys at Law, Inc. takes great care in making sure that the title of any piece of real property is clear and is free of any troublesome issues, including:
- Past Ownership Claims (Persons who may have a claim on the property due to an unclear transfer of ownership)
- Liens (small, secondary mortgages placed on a property to force owners to pay a debt)
- Easements (promises made by previous owners)
Why do you need title insurance? Title insurance covers you for things that have already happened in relation to the title. It does not cover items that happen after the date of issuance. It may not seem like you need it, but due to mistakes in the public record, forged documentation, erroneous interpretations of a will, previously undisclosed heirs, invalid tax titles, or incorrect indexing or omissions, it’s always best to have either lender’s or owner’s insurance to protect you in case some issue arises after a thorough title search has been conducted.
It doesn’t matter how nice your neighbor may be, when it comes to the dissemination of who owns what part of which property, things can sour really quickly. Lines that may have been drawn and agreed upon for generations may simply be imaginary; certain fences, driveways or other markers may only assume the parameters of a legal boundary; and a parcel’s legal description may be in conflict with a neighboring parcel.
Boundary confusion involves complex rules and laws to determine the boundaries of land. Specific state-mandated evidence, including historical title and survey research, as well as old and new surveys and original land grants, must be provided when disputing property boundaries.
King Law Firm Attorneys at Law, Inc. helps homeowners in a boundary dispute check for a licensed survey, establish whether the neighbor has been using the disputed land for over five years, and check to see if a recorded easement is necessary. Most importantly, we ask one critical question: Is the fight worth it?
It’s always better to resolve boundary disputes through negotiation and a quiet title action, allowing each party to have a say in the outcome, but if the case does go to mediation or court, we are more than prepared to defend your rights.
Landlord & Tenant
No matter how much you may want to avoid it, disagreements, breaches of contract, and evictions are a part of renting property. At King Law Firm Attorneys at Law, Inc., we protect the rights of landlords when dealing with federal and state mandated regulations regarding security deposits, evictions, rents and leasing practices.
Some of the areas our attorneys excel include:
- Protecting Statewide Rent Control, Security Deposits and Late Fees
- Safeguarding Rental Applications and Tenant Screenings
- Providing Landlord Disclosures
- Drafting and Defending Lease Agreement and Eviction Notices