There are ultimately two
systems which govern the United States, Federal and State law. The law of Real
Property is controlled by state law due to the differences from state to state.
You can say that Federal focuses on macro, while the state focuses on the
micro, as far as real property is concerned.
Real property law varies from state to state, different regulations on zoning, and
different procedures to purchase real property. Your home could be referred to
as real property, everything beneath it down to the core of the earth, and
above it, all the way up to the stars. While that is established, there are air
space regulations in various areas which may take away from the enjoyment of
your land. There are a lot of pros and cons comprised within real property law,
the key is to know which may be beneficiary for you.
There are many statutes that govern real property law, each statute is vague
enough for an even argument. Property can be conveyed through various ways, a
gift, a will, or even if there is no will. There are also various kinds of
ownerships to property, each one has its benefits, but at the end of the day,
for the most part, they are balanced out. There are many different forms of
ownerships within a business, the same goes for real property.
Real property law is more intense than you would think. For the amount of
investments which go into real property, and the amount of loans taken out for
it, comes to show the amount of interests circulating within this one section
of law alone. A mortgage is a loan taken out against the property decreasing
your liquidity within the property.
From the time you are looking to purchase property, until the time of closing,
there are a lot of middle men involved, which means a lot of fees. The
acquiring of property may also take a long time depending on various defaults
or judgments against the seller of the property, if there are any. A lot of
details need to be looked into, the perk of that is, you hire an attorney to
oversee the procedures, but the fees involved will not be small.
Each piece of property is given a title, the title is possessed by the owner of
the property. Ultimately, no one can come in the way of a property owner and
his or her property, other than authorities, who are there to keep an eye out
for any unethical conducts that may be committed. Whether it has to do with the
deed or with zoning ordinances, one is constantly dealing with the government
as far as the property is concerned, because of the contact it holds with its
Real property is unique, there is nothing of its kind. Since all real property
is located on land, we all know that land is also scarce, so if you need to be
foreclosed, it is only a matter of time before someone else gets to reside on
that “unique” piece of land.
There are ultimately two
This law has been enforceable for hundreds of years, and its process has been
implemented several times since not only the early settlement of the United
States, but in the settlement of European nations since the 1400’s. Adverse
possession takes place without the willingness of the property owner. If the owner
was to be aware, he could attempt to prevent during the years required in order
for the possessor to receive title to the property. One of the earlier
additions to an adverse possession claim, which benefit the possessors, is the
process of tacking. Tacking deals with either selling your interest on another
individual’s property to a second possessor, or to add an additional possessor
in order to make time go faster.