Real Estate Law
Real Estate Law
Real Estate Law Explained?
1. Real estate law refers to the legal matters and ordinances which govern how property can be used and owned in a particular area.
2. Real estate laws derive from both common-law and statutory provisions. Real Estate law is primarily dictated through a local government and a particular state’s property statutes.
3. Although differences exist between each state or locality’s real estate law provisions, all states possess universal provisions, which govern specific intricacies of real estate law.
4. The basic principle of real estate law is the classification between real estate, real property, and personal or private property.
5. Real property refers to anything associated with owning a piece of land, whereas personal property is defined as everything else. As a result, real property consists includes anything that is permanently attached to the piece of property, including mineral rights or structures.
Classifications of Real Estate Law
1. Real property (according to real estate law) is classified based on the type of property transacted. In most instances, real property is considered either a concurrent state, a freehold state, or a non-freehold state.
2. Freehold states are defined as pieces of real property possesses or owned to an indefinite period of ownership. As a result, people owning freehold estates can dispose or alter the property in any manner which they so choose.
3. In contrast, a non-freehold state is classified as a piece of property where the owners possess limited property interests. Non-freehold states are commonly found in rental agreements, where a landlord grants a tenant or renter the right to live on the underlying property for a specified period of time.
4. A concurrent estate is similar to freehold estates, but exists when two or more people own a specific interest in the property at simultaneous times. In these agreements, the properties cannot be disposed of without all of the owners reaching an agreement.
Transactions
1. Both state and federal laws will impose specific restrictions and enforce specific requirements on a real estate transaction.
2. States will require a real estate broker or agent to obtain proper licensing (through the state) before they can engage in any form of real estate transaction.
3. Additionally, federal laws—such as the Fair Housing Act for example--will impede any act of discrimination against a potential buyer based on such factors as religion, race, sexual orientation, gender, national origin, or disability from occurring in the real estate transaction.
4. To finalize the transaction, each state’s statute of limitations and statute of fraud will require the exchange of formal and written documents between both parties.
Restrictions associated with Real Estate Law
1. Restrictions on how pieces of property can be used are imposed by state and local governments in the form of zoning laws.
2. Zoning laws were created by municipalities to regulate land use; common zoning laws will limit or in some cases restrict certain pieces of property as use for only commercial, industrial, or residential reasons.
3. Zoning restrictions are established in accordance with the broader state’s particular zoning laws; this agreement typically requires zoning organizations to come up with a plan and initiate public hearings before enacting any form of new zoning ordinance.

