Real Estate Law

From Conservapedia
Jump to: navigation, search

Real estate law governs the ownership and use of land and the structures on it. This area of law covers a broad range of issues including transactions, property rights, zoning, landlord-tenant relations, and real estate financing. Real estate law ensures that the transfer and use of real property adheres to local, state, and federal regulations, protecting the interests of all parties involved.

Key Terms and Concepts

  • Property ownership: Legal rights to possess, use, and dispose of land or property.
  • Real property: Land and anything permanently affixed to it, such as buildings and trees.
  • Title: A legal document that serves as evidence of ownership of property.
  • Deed: A written instrument used to convey ownership of real property from one party to another.
  • Mortgage: A loan secured by the collateral of real estate property.
  • Lease: A contractual agreement where one party (the landlord) grants another party (the tenant) the right to use property for a specified period in exchange for rent.
  • Easement: A non-possessory right to use another's property for a specific purpose.
  • Zoning: Regulations that define how property in specific geographic zones can be used.
  • Foreclosure: The legal process by which a lender takes control of a property after the borrower fails to meet the terms of the mortgage.
  • Landlord-tenant law: Legal regulations that govern the relationship between landlords and tenants, including rights and responsibilities.
  • Property tax: Taxes imposed by governments on real estate based on its assessed value.
  • Land use: The management and modification of natural environment or wilderness into built environment such as settlements and semi-natural habitats.
  • Covenants, conditions, and restrictions (CC&Rs): Private agreements that dictate the uses of real property in certain communities or developments.

Key Cases

  • Pierson v. Post (1805) – Established the principle of possession in property law.
  • Johnson v. M'Intosh (1823) – Defined property rights based on European discovery and conquest of Native American lands.
  • Hadacheck v. Sebastian (1915) – Upheld municipal zoning as a valid exercise of police power.
  • Euclid v. Ambler Realty Co. (1926) – Affirmed the constitutionality of zoning laws.
  • Shelley v. Kraemer (1948) – Held that racially restrictive covenants in property deeds were unenforceable.
  • Kelo v. City of New London (2005) – Upheld the use of eminent domain to transfer land from one private owner to another for economic development.

Bibliography

  • Bogart, Daniel B. and Thomas P. Sexton. California Real Estate Law. Albany, NY: Cengage Learning, 2018. ISBN 978-1305871866.
  • Epstein, Richard A. Cases and Materials on Real Estate Transfer, Finance, and Development. New York: Aspen Publishers, 2009. ISBN 978-0735572325.
  • Hylton, Maria A. and Jeanne L. Schroeder. Property Law: A Conceptual and Functional Approach. New York: Aspen Publishers, 2010. ISBN 978-0735582973.
  • Korngold, Gerald and Paul Goldstein. Real Estate Transactions: Cases and Materials on Land Transfer, Development and Finance. New York: Foundation Press, 2017. ISBN 978-1609302201.
  • Nelson, Grant S., Dale A. Whitman, and Ann M. Burkhart. Contemporary Property. St. Paul, MN: West Academic Publishing, 2018. ISBN 978-1683282706.
  • Rabin, Edward H., Roberta Rosenthal Kwall, and Nancy Kubasek. Fundamentals of Modern Property Law. New York: Foundation Press, 2011. ISBN 978-1599417755.

See Also

External Links

Retrieved from "https://conservapedia.com/index.php?title=Real_Estate_Law&oldid=2056337"