Real Estate Law

It is necessary for landlords and tenants alike to understand what fixtures are. Real property is generally defined as Real property is defined as “land and improvements to land.” Sound simple? Sure. But is it that simple? Not really. Because…

When we think about trespass to real property, lot lines and fence lines or people walking across land are the first things that come to mind. We do not often think about objects invading the air space above real property…

When it comes to real estate, liens and lien priority are key legal concepts to know. Liens and Real Property A lien is written notice that, when recorded (i.e., “perfected”) attaches to real property. A recorded lien “puts the world…

If you own a home, you need to understand a bit about mortgages and how they work in your state. You also need to understand whether a security interest in real property can expire. Mortgages in Brief Very briefly, a…

One important aspect of any litigation is presenting a case to the judge and/or jury. The vast majority of legal cases are proven through witness testimony. Factual Witnesses In a typical lawsuit, the facts of a case are established by…

Financing the purchase of residential or commercial property can be challenging. Recently, the financial fallout from the coronavirus (COVID-19) pandemic has made financing a home or business even more difficult. But just because money is tight, it does not mean…

According to research conducted by the Federal Reserve, land use policies and zoning ordinances are among the most important government regulations that significantly impact housing and labor markets in metropolitan areas. “Land use” refers to our human use of the…

With the explosion of subdivision and community development in Georgia, covenants—especially restrictive covenants—are an important part of real estate law. What, Exactly, is a Covenant? Simply put, a covenant is a promise made by one person to do or not…

It’s wonderful to buy and own real property. But not every real estate transaction goes smoothly and not every real estate purchase is perfect. Title defects occur when there is a claim that is superior to yours (for example, a…

As we’ve noted in previous posts, in real estate transactions, understanding “title” is very important. In today’s post, we’ll take a look at what “color of title” is and why it is necessary to understand it. Title to Property Before…

Does a legal claim always have to be based on some type of illegal action or activity? Nope. In fact, some everyday ordinary things can form the basis of a legal complaint. Really? Like what? Like noise, congestion, odors, barking…

In a previous blog posts, we discussed the government’s power to take land through eminent domain and inverse condemnation. Today we’ll take a closer look at the government’s eminent domain power and how it differs from the government’s police powers.…