Blog - Author: Mark Weinstein

When purchasing a home it is important to determine whether any easements exist that encumber your land. Easements grant a third party (“easement holder”) a non-possessory interest in your land. Utility easements are maintained by utility companies for the benefit of other properties and restrict the owner’s use of the land in several ways.

Buying a home is one of the biggest purchases you will ever make in your life. So before you jump in, you should know a little bit about how real estate transactions are conducted in Georgia. Here are just 3 things you should know about Georgia’s rules when it comes to real estate closings.

If you are looking to buy a home and your credit score is poor or you don’t have adequate funds for a down payment, your financing options may be limited. A lease purchase contract is one alternative that may facilitate a purchase when the buyer cannot secure a mortgage from a lender.

If you have lost your home to foreclosure due to failure to pay property taxes, the most pressing question you probably have is, “Can I get my house back?” If you live in Georgia, to answer that question you need to understand a little bit about the right of redemption.

The purchase contract for a home generally includes certain contingencies that must be satisfied for the transaction to be finalized. These contingencies are intended to protect the buyer. If a contingency has not been met, then the buyer can typically exit the contract without a penalty.

If a barking dog, too many cars on your street, or water runoff from your neighbor’s yard are irking you, you may be wondering if there is anything you can legally do to remove or stop the offending behavior. These situations are regarded as nuisances and the law may protect you in some circumstances.

At least 20 states have adopted some form of HOA “super lien” statute. These statutes give the liens of residential and/or commercial homeowners’ associations priority over earlier recorded liens. Georgia, however, is not an HOA super lien state.

In Georgia, shared communities have the option to be governed by state regulations that set forth specific policies for the operation of such associations. Established in 1994, the Georgia Property Owners’ Association Act (Act) was developed to grant increased authority to homeowners associations (HOAs).

Owning real estate comes with many rights. Unfortunately, however, not all a property owner’s rights are unfettered. Zoning regulations impose a number of restrictions on a person’s property. Zoning laws can impose many restrictions on how property can be used.

When a marriage falls apart you get divorced. When business partners fall out, they dissolve the partnership. But what happens when two or more people who own the same piece of property want to split up and go their separate ways? In real estate law, you generally look to the rules of partition.