Includes: Buying a Home, Selling a Home, Real Estate Litigation, Contracts, Drafting Offers in Acceptance, Property Owners Association, Homeowners Association
Real property involves any fixed property such as land, houses, and buildings. Any use or transfer of real property should involve a written contract or agreement so that the responsibilities and benefits of each party are clearly understood. A well-written contract will outline the obligations of the parties and will serve as a basis for legal action if either party does not fulfill his or her contractual requirements.
Purchasing, renting, or leasing a home often comes with a lengthy contract that includes, among many other matters, the price, financing arrangements, disclosures regarding the condition of the home, and warranties. The real estate attorneys at MCRMT have extensive experience representing both buyers and sellers in drafting and reviewing residential real estate purchase, rental, and lease agreements.
Commercial contracts involve the sale, rental, or lease of property for business purposes. These agreements may last for several years, including special conditions, and may involve specific payment obligations. Like residential agreements, MCRMT has represented numerous buyers and sellers to these contracts and is well educated on how these agreements are structured and should be written.
There are times where a person, company, or government agency may need to use only a portion of a piece of property for reasons such as utilities, sidewalks, or access from one piece of property to another. These instances may involve obtaining an easement, a conditional use permit, or condemnation of the property. MCRMT has handled many cases filing for such permits or opposing certain uses.
Most real property is given zoning which requires the property only to be used for specific purposes. Sometimes the use of property changes over time and thus the zoning must be changed to permit the new use of the property. For example, a property may be zoned residential but now the owner desires to use the property for business purposes. Changes in the zoning for real property require an application process, notice requirements, and a hearing before the local planning commission. The attorneys at MCRMT know the zoning process and will make sure that all legal requirements are met.
PROPERTY OWNERS ASSOCIATIONS
Property Owners Associations, or POA’s, are entities created for neighborhoods or sections of a city to implement and enforce certain requirements unique to that neighborhood, often called restrictive covenants. POA’s often enact rules regarding designs and uses of a home, general maintenance and upkeep of common areas, and POA dues to pay for expenses for the benefit of the neighborhood. At MCRMT, our attorneys have worked with numerous POAs regarding the interpretation, implementation, and enforcement of restrictive covenants.
QUIET TITLE ACTIONS
Ownership of real property can sometimes come into question. This can occur in instances where the true owner of the property is in question or maybe where there is a dispute over where the boundary line of the property lies. A quiet title action is a legal process in which a court confirms the rightful owner of the property or determines the proper property boundary lines. The real estate attorneys at MCRMT have handled many cases involving property ownership and boundary lines.
EASEMENT AND BOUNDARY LINE DISPUTES
An easement gives a person the legal right to use the property of another. The most common type of easement is an easement for ingress and egress (entry and exit) to a public road. Easements may also benefit utility providers or the public. A separate but related legal issue is that of common boundary lines. Neighboring landowners occasionally dispute the location of boundary lines and may need a court to declare the proper line. Our real estate lawyers can assist with easement and boundary line issues.