| Eminent Domain/Condemnation |
| Eminent Domain is the right that a governmental entity has to take private property and to use it for public purposes. More... |
| Judgment Liens and Other Types of Liens against Real Property |
| Most agreements for the sale of real estate contain a clause that requires the seller to convey "marketable title" or "merchantable title" to the buyer. In essence, "marketable title" refers to a title free of encumbrances. A lien is an encumbrance upon real property, and the existence of a lien on real property renders the title unmarketable.More... |
| The Historic Homeowner -- State and Local Preservation Laws |
| The issue of historic preservation is governed by a myriad of federal, state, and local laws. Generally speaking, the purpose of preservation laws is to encourage the recognition of historic resources, as well as the preservation of those resources. Without question, historic preservation is a legitimate governmental objective. On the state and local levels, historic preservation controls may be enacted subject to the applicable constitutional constraints.More... |
| As-Is Clauses in Real Estate Sale Contracts |
| In today's white-hot real estate market, more and more sellers are listing there properties for sale "as is." What does this mean to a prospective buyer? When a seller indicates that a property is being sold "as-is," the seller is essentially offering the property on a take-it or leave-it basis. More... |
| Mortgages -- Mortgages and Deeds of Trust Distinguished |
| In connection with real estate financing, sometimes the terms "mortgage" and "deed of trust" are used interchangeably. The two are not the same. In fact, important differences exist. More... |
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