What is Property Law?
Property law is the area of law that governs what people own. It’s the area of law that says who can own land and personal items, how they can use them and with what conditions. Property law applies to both real property and personal property. Ownership and use of property is an area of law that impacts everyone in society. Property law is also an important part of estate law, family law and municipal law. Our experienced Real Estate Law lawyer MontCo, PA is ready to answer all your questions concerning property law. Contact us today.
Types of property law
Property law may involve many different topics, including:
Transfers of property and types of ownership
Property owners need to know how they can own their property and what they must do in order to lawfully transfer ownership through sale or gifting.
What is a deed?
A deed is a legal document that states ownership of real property. The type of deed that a person has is very important to their legal interest. For example, a warranty deed guarantees the purchaser free and clear ownership in the property. On the other hand, a quitclaim deed only signs over any right that a person may have in the property.
A government can restrict what a person does with their property. Laws that restrict the use of real property are called zoning laws. For example, a government can restrict the use of a property to residential, commercial or industrial uses. People who purchase property in an area must know zoning restrictions and follow them. Zoning laws can be generic like restricting a property to residential use, or they can be quite specific like requiring buildings to have a certain amount of setback from the road.
Private land use laws like homeowners association rules
Just like the government can restrict the use of property owned by others, private associations can also restrict property use. Property law involves creating, enforcing and challenging private homeowner association laws. While a government lawyer may take steps to enforce zoning violations, lawyers act on behalf of private associations in order to enforce property restrictions. There are state laws that control how associations go about establishing themselves as an authority and what they must do in order to create enforceable law.
Sometimes, the government may want to take private property for public use. The right of the government to take real property from a private owner is called eminent domain. The government may take the property even if someone objects, but they must compensate the person fairly for the property. Eminent domain is subject to restrictions, and it’s often the subject of legal challenges. Property lawyers work on behalf of their clients both for government agencies and individual landowners as it relates to eminent domain.
The law gives people the right to claim ownership of property without paying for it in some circumstances. Claiming property by right is called adverse possession. To acquire property by adverse possession, a person must occupy the property for a number of years. Usually, they must live on the property, not in hiding, with a claim of ownership for a decade or more. Adverse possession can be a common issue when neighboring property owners use inaccurate border boundaries for a period of time. The purpose of adverse possession is to settle land disputes and ensure that land is used.
We have the track record and reputation that you can rely on, especially when it comes to real estate law. Being a client of Hoegen & Associates, P.C. means that you can enjoy peace of mind knowing that we are on your side and will always assist you with the highest quality representation and trustworthiness. Your best interests are our best interests.
We handle every case promptly while focusing on securing for you the best possible outcomes. Schedule your free initial consultation with our Real Estate Law lawyer MontCo, PA at Hoegen & Associates, P.C. today.