Real property law encompasses a broad spectrum of topics, including land sales transactions and leases, title and boundary disputes, and landlord-tenant law. Small businesses and individuals often encounter real property issues in lease and sales transactions, and in matters of financing business loans. Collection actions may also result in the recording of judgments, creating liens on real property. Suffice it to say, real property law permeates many day-to-day matters in the lives of individuals and business owners. While residential real estate purchases are not typically the subject of attorney involvement, litigation or the threat of litigation is real when escrow fails to close due to a breach of contract.
Unlike most contracts, the remedy of specific performance is authorized concerning the purchase of real property. On rare occasions, a defect or cloud on title can prevent the transfer of marketable title, requiring litigation to resolve it. Further, disclosure issues and duties of disclosure concerning hidden or non-visible defects are always potential subjects of litigation.
Negotiation and Review
Commercial leases are also a common area of real property law. The negotiation and review of leases like triple net leases and CAM charge issues, along with sales of commercial property, are all common occurrences. Landlord and tenant disputes in residential and commercial tenancies are typically negotiated with attorney input and guidance. The manner in which title to real property is held or vested and transferred has an effect on the amount of real property taxes and other taxes that are paid, and the manner in which title is transferred upon the death of the owners. The services of a real property attorney are advised in ensuring that property taxes are not reassessed and that real property is transferred without delay or need for litigation and court orders to clear title. Finally, boundary disputes, including easements and adverse possession, are a subject of negotiation and litigation. These are just a few of many topics that encompass the law of real property and reflect common day-to-day issues where the services of a real property attorney is advised.