What are the most common legal issues associated with property?
The most common legal issues associated with real estate matters and property include:
- Establishing title to a property
In some cases, it may be hard to determine who holds the title to a property. For example, it may be unclear in cases where people inherit property through an invalid will, fail to follow the recording statute in their state and its requirements, lose their title, purchase property that has a hidden lien on it, or own property because of a wild deed.
- Tenant and landlord disputes
Fortunately, the law protects tenant and landlord rights. For example, while tenants have the right to quiet enjoyment of the property, landlords have the right to receive rent payments. The most common legal disputes between tenants and landlords include evictions, holdover tenants, failure to pay rent, breaches of the lease agreement, failure to release a security deposit, and any damages to the property.
- Land use and zoning issues
Land use and zoning regulations determine how certain types of land or property can be used. To be more specific, local governments can designate a part of their city as a residential zone. These zones cannot be used for the construction of commercial buildings intended for business operations. These operations could only occur if the area is part of a mixed zone or holds a special permit. Some issues that might arise during zoning and land use regulations include pollution or waste, property boundaries, permit violations, nonconformity with a zoning plan, and setback issues.
Depending on the situation, foreclosure issues often involve a breach of contract, failure to give proper notice on the mortgage, and wrongful foreclosures. However, it is essential to note that foreclosure actions are highly dependent on the laws outlined by the state they are in. Even so, a person may have other causes of action to bring under the law if their specific jurisdiction allows it.
- Estate, wills, and trusts matters
While many various issues come with estate, wills, and trusts matters, the most common involve whether the will or trust was created in accordance with the requirements relevant to the case. Any trust or wills created improperly will automatically be considered invalid and will cause the beneficiaries to lose their right to receive or inherit the property. In addition, some other issues that may arise include probate matters, the failure to remove an ex-spouse’s name from a will, insurance policy, joint account, or a trustee’s breach of fiduciary duties to a trust.
If you would like to discuss your legal property disputes with a skilled attorney, contact The Law Offices of Howe and Garside at (401) 841-5700. Our experienced and qualified attorneys can help keep you informed and, most importantly, help you achieve the best possible outcome. We look forward to hearing from you!