Real Estate Law

Real Estate Attorneys in Sandy, UT

Knowing the real estate laws in your state and city is important if you are a homeowner, property owner, or landlord. Real estate laws govern the transactions of property, contracts, and landlord-tenant relationships.

Real estate law regulates property, land, buildings, and other structures. Navigating property disputes and changes of ownership will need to be handled by a professional lawyer. Real estate law is governed by state and federal regulations, but state laws will have the biggest impact.

WW Partners helps individuals and companies navigate the different channels of real estate law. Let’s look at what rights you have as a property owner and how our team can help in different aspects of real estate.

Property Ownership

The biggest element of real estate law is the ownership of property. Understanding what your ownership includes and how the transfer of property will be handled can help avoid legal confusion.

The primary types of ownership will come with different regulations and procedures. Here are the most common types of ownership.

• Fee Simple: The most complete form of property ownership. The owner has the right to use the land for any legal activities, sell it, lease it, or transfer ownership through inheritance. The owner has indefinite possession of the property until it is passed down after death.
• Joint Tenancy: Two or more people share the ownership of the property and have equal rights. When one owner dies, their share will be transferred to the surviving party.
• Tenancy In Common: This is similar to joint tenancy as it will involve multiple owners. Each owner can leave their share to an heir or others through a will. The transfer of the shares will need to be outlined in a legal document in order to be passed on.
• Life Estate: A life estate will give owners the right to live on the property and use it throughout their lifetime. After death, the ownership will pass to another person or entity which will be lined out in a life estate grant.
• Leasehold: The tenant holds the right to use a property for a set amount of time, but they do not own the property. Leasehold arrangements are common in residential and commercial real estate proceedings.

Different states will also have a variety of laws that govern how you can use the land and how their equity is affected. Some property owners will be able to have acres of land that are protected from creditors if used for a specific purpose. States will impose certain obligations on property owners, while legal rights will cover your rights to use and dispose of the land.

Laws On Real Estate Transactions

The process of buying and selling property is typically what comes to mind when you think of real estate law. Transferring ownership may seem like a straightforward concept, but it can get complex and involves following certain ethical standards.

A transaction starts with one party putting in an offer to buy the property from the owner. Once the seller accepts the offer, an agreement is drawn up but could be contingent on financing and final inspections. Buying property or a home will also come with a purchase agreement. This agreement outlines the terms and conditions of the sale and what must be done before the closing date. This could mean repairs, inspections, or financial proceedings. If a party breaches this contract, they could have legal consequences.

Title searches are also common in real estate transactions. This will ensure that the title is clean and there are no liens on the property or home. If defects or legal issues affecting the sale are found, the seller will need to resolve them before the property can be purchased.

The final steps are close and deed. Closing will involve the buyer paying the agreed-upon price and the seller transferring the deed. The deed is a legal document that transfers ownership to a new person. This will provide legal protection to the buyer and will tell whether the owner has a clear title or if there are any warranties.

Title And Boundary Disputes

Property lines and title disputes are also common in real estate law. Neighbors may have disputes over where the boundary lines lay and where they could put a fence or a shed. Title disputes refer to a third party who asserts ownership after the property has already been passed to the buyer. Legal resolution could involve quiet title actions, court proceedings, or legal negotiations.

Landlord-Tenant Relationships

Another important aspect of real estate is the laws that protect tenants and landlords. The relationship between the two is governed by state statutes and local regulations. Lease agreements signed by the renter will outline the rights and obligations of both parties including rent, maintenance concerns, and terms of occupancy.

Landlords must keep the place habitable and healthy. Disputes in landlord-tenant relationships often arise over security deposits, evictions, and lease violations. Tenants must pay on time and take reasonable care of the property. A landlord must also provide significant notice of lawsuits, eviction, or other notices.

Hiring A Real Estate Lawyer

WW Partners is here to help you navigate real estate changes and challenges. Our legal team is well-versed in legal and state laws that could affect your property. Whether you are a seller, buyer, landlord, or tenant, we can help you understand your legal rights and what is required of you. Meet federal regulations and build equity when working with a property lawyer.