Real Estate Law

Real estate law covers a variety of topics, including: buying and selling property, zoning regulations, and mortgages. It also determines the types of construction that can take place on land and how much tax homeowners must pay.


Real estate law prohibits discrimination on the basis of race, color, religion, sex, and national origin. It also requires brokers to disclose any known housing defects.

Purchase and sale of real estate

The purchase and sale of real estate is a major aspect of real estate law. It involves issues such as title, property taxes, mortgages, and land use regulations. It also addresses construction contracts, zoning laws, and environmental compliance. The legal issues in this area vary by state, so lawyers must be familiar with the codes that apply to their particular region.

For example, a real estate lawyer in new york may assist clients who want to buy or sell a home. They can help them draft and execute a deed. The deed must contain a clear description of the property and the type of ownership that is being transferred. It should also include the name of the seller and the buyer. The deed should be recorded immediately after signing to avoid disputes.

Real estate lawyers can also help clients navigate real estate tax issues. They can help them challenge property taxes and obtain exemptions. They can also represent homeowners who are negotiating with their homeowners association regarding covenants, restrictions and enforcement.

Real estate law also addresses issues relating to the integration of neighborhoods. For instance, it prohibits discrimination based on race, color, sex, religion, ancestry, national origin, or physical handicap in the selling, renting, leasing or financing of properties. This law is enacted on both the state and federal level.

Transfer of property

Real estate law regulates the transfer of property ownership. This law includes the rules and regulations around buying and selling property, leasing properties, and obtaining mortgages. It also protects the environment and property owners’ rights. Real estate laws also govern landlord-tenant relationships.

The transfer of property can be done in a variety of ways, both voluntarily and involuntarily. In a voluntary transfer, the owner gives away their interest in the property to another party in exchange for something of value. This is usually done by a deed. There are several types of deeds, and each offers different levels of protection for the buyer. The most desirable is a warranty deed, which expressly promises that the seller has clear title to the property and that there are no known liens or other encumbrances on the property.

Involuntary transfers of property are typically the result of death or divorce. They can also be a result of a partition action or condemnation. The latter happens when the government takes your property for public use. The process is called “condemnation” and is regulated by the federal and state governments.

The purchase of residential real estate is a significant investment, and it can be complicated to navigate. Real estate lawyers can help buyers, sellers, and lenders understand the various processes involved in a transaction. They can also help with legal considerations, such as zoning requirements and environmental regulations.


A lease is a contract that guarantees one party, also known as the lessee, use of an asset-in this case real estate-owned by another party in exchange for a specified payment for a certain period of time. The lessee is obligated to uphold the terms of the lease and may face consequences if it violates them. Lessors may also face consequences if they break the terms of their contracts.

There are a number of different types of leases, and each has its own set of implications for the parties involved. For example, some landlords have clauses that allow them to terminate a lease in the event of a casualty. This can give them the opportunity to regain space in a rising market, and it can force tenants to renegotiate unrelated parts of their leases.

Several changes have recently been made to the lease accounting rules, including new classifications of leases for lessors and lessees. These include new criteria for determining whether a lease is sales-type or finance, and they also establish different accounting treatments for the two classifications.

The new standards require that companies record a right-of-use asset and lease liability on their balance sheets, and recognize interest expense in their income statements. They also require that companies follow similar steps for operating leases, which are more like rental arrangements than purchases. The changes are expected to improve transparency and investors’ understanding of a company’s long-term liabilities.


The law of real property deals with a wide range of issues, including purchase and sale transactions, landlord-tenant disputes, property development, and mortgages. It also regulates how land is used and limits what owners can do with their property. For example, it prohibits them from destroying natural scenery or inflicting dangers on their neighbors. In addition, it establishes rules for evictions and foreclosures.

To become a real estate lawyer, you will need to take a wide range of law classes. Some of these include bankruptcy law, criminal law, family law, contract law, corporate law, environmental law and estate law. It is important to choose a law school that offers courses in these areas and that has an active Center for Real Estate Law & Policy.

Notre Dame’s real estate law program focuses on the intersection of private markets and public interests. It offers an extensive selection of classroom and advanced seminars, as well as externships in governmental offices and real estate firms. Students who want to explore a particular topic in greater depth can also participate in supervised directed readings with faculty members. These are usually limited to two credits and allow students to investigate complex and detailed materials. They can be a great way to expand your knowledge of real estate law.