Whether you own, lease or just occupy the building where you live or work, every person who owns, leases or occupies property has legal rights and legal duties related to that property.
Real Estate Law is the body of laws that spells out those rights and duties related to your property.
These rules and regulations govern who is responsible for the condition of the property, the use of the property, and the limits of use even of your own property. These laws also govern how property is legally transferred.
We work with property owners, buyers, sellers and other attorneys to assist with title problems, purchase and sale agreements, easements, encroachments and other property issues.
Some of the things we do:
- Negotiate and draft leases, easements and residential purchase and sale agreements,
- Draft and record documents for Seller Financing of real estate,
- Determine if a Limited Liability Company (LLC) is the best way to hold your property or protect your other assets,
- Resolve boundary issues including adverse possession and prescriptive easement claims, and
- Advise on and facilitate foreclosure options for private lenders.
Buying or selling property. There are several ways to buy and sell property. Home sellers and buyers can choose to work with real estate agents or manage the process on their own. In any situation involving transfer of property and title to property, what is included in the documents you are signing will have a signification impact on your rights, responsibilities, and finances. Whether we draft these documents or review what has been presented to our clients, we ensure they are accurate and complete.
What is a Quitclaim Deed? A Quitclaim Deed (QCD) is a type of deed that transfers an ownership in property without giving any warranties. The giver of the deed, the “Grantor,” gives to the receiver of the deed, the “Grantee,” the interest possessed by the Grantor. If the Grantor has something less than full ownership of the property, they will transfer less than full ownership of the property.
When would I use a Quitclaim Deed? Quitclaim Deeds are commonly used to transfer property into or out of a trust or LLC and to transfer property as a gift, to change the status of property ownership between spouses, and are often used to transfer property as part of a dissolution. A Quitclaim Deed should never be used in a transaction where money is being exchanged for property. In any transaction where you are paying money for property, ensure that title is transferred through a Statutory Warranty Deed.