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When you are buying a home, there is so much to think about. You need to know your price range, what you are looking for in a house, and where you want to live. If that’s not enough, you also need to know and understand what your “due diligence” obligations are and why they are important.

Several legal doctrines permit individuals who do not own title to a specific piece of land to acquire ownership of that land by operation of the law. One such method of land acquisition is adverse possession. The specific laws of adverse possession vary considerably from state to state.

If you are fairly familiar with real estate terms you’ve probably heard of easements. But what is a “quasi-easement”? In Georgia, a quasi-easement is an easement that is implied from a prior or existing use of property.

The prevailing ethos in our society is that one’s home is their castle. However, there may be two or more adjoining neighbors, each with their own property, who each have that same belief. In some cases, this may result in a boundary dispute between the neighbors, each of whom has their own competing claim. Regardless of how you address it, you will need to resolve a property dispute, and the real estate attorneys at the Law Offices of Mark Weinstein P.C. can help.

An easement appurtenant is the legal term for the right to use land (or a portion of it) for a certain specified purpose. The reason why it is called “appurtenant” is that it belongs to the land. If you acquire land that already has an easement appurtenant attached to it, the person’s right to the land will survive. Therefore, it is essential to both search the title and view the land and how it is used before you purchase it. If you are buying another property that benefits from the easement, you have the right to continue to expect that use of the land.

One of the most common issues arising in connection with the sale of a property is when there is a lien on the property being sold. Liens allow people who are owed money to establish their place in line to be paid when a property is sold, even though they will not gain an ownership interest in the property. For this reason, liens can be a major headache when a property owner wants to sell their property.

There is a complicated body of law that applies to access to and use of water running through or alongside a property in Georgia. The legal phrase that describes these legal rights and issues is called riparian rights. In Georgia, water rights are considered to be property rights. They are protected by: The United States […]

The Takings Clause of the United States Constitution covers much more than the actual taking of land. Of course, if the government is going to take possession of your land for public use, it must pay you fair market value for it. In many cases, the government has taken some other type of action that […]

In Georgia, typically a seller transfers a deed to a property to someone else by warranty deed, limited warranty deed, or quitclaim deeds. The usual type of deed involved in a residential property transfer transaction is called a warranty deed. With this deed, the person transferring the property makes an explicit assurance that the title […]

Easements and covenants are common in real estate and both concern the uses of the land. In some ways, the two can be similar however, here are five ways covenants differ from easements. 1. Covenants Are More Favored by Courts A common American ideal is the freedom for an owner to do what they want […]