What Is Real Property Law?

 

 

Real property law is a broad area of the law dealing with all aspects of ownership, use and control of land. It covers issues such as zoning, rights of way, foreclosures and land use litigation.

 

The law governing real estate is largely a matter of state law. However, it also depends on caselaw, which is the body of judicial decisions that have developed over time in the particular jurisdiction in which you are working. To get more enlightened on this topic click here: https://en.wikipedia.org/wiki/Property_law.

 

 

Unlike personal property, which is a more specific category of property, real property encompasses anything that is situated on or beneath the ground, whether natural resources like minerals or water or human-made structures such as buildings, roads and fences. For example, a hill or pond can be considered real property if someone owns the land that it sits on.

 

There are several types of real estate, including lands, parcels, tenements and hereditaments. Generally, the rights associated with real property are passed from owner to purchaser when a piece of land is sold.

 

A person's right to possession of a piece of land is known as title, and this is based on the doctrines of ownership and reversion. This is usually accomplished through a sale, but involuntary transfers can result from intestacy laws or foreclosures.

 

Other real estate laws focus on the way in which a person uses their property. For example, a person can be sued if they construct a road or building on a neighboring property that interferes with their light or air quality. A government can enforce zoning laws, which restrict how a piece of property can be used.

 

These laws are governed by statutes that set forth the rules for how the government can regulate what a person can do on their property. For example, a government can limit the number of people who live on a certain amount of land or how big a building can be; click here to find more details.

 

Real property law is a complex area of the law, and it requires a strong understanding of both the common law principles that are at play in a jurisdiction as well as statutory considerations. A lawyer who specializes in real property law will be able to answer any questions that you may have and guide you through the legal process.

 

The governing principles of real property law are rooted in the fact that ownership of land has historically been the prerogative of monarchs and ruling classes. Eventually, these rulers transitioned to a feudal system where the most influential people in a country owned land and were entitled to exclusive use of it.

 

Therefore, in order to understand the governing principles of real estate law, you must look at the history and development of land law. This will help you to determine how real property law has evolved and what is expected of you in a given jurisdiction.

 

The best place to start is with the New York State Bar Association's Real Property Law Section. Membership to this group provides you with access to many resources, including a quarterly journal, the Real Property Law Journal, and high quality CLE programs. Members also receive printed copies of the Real Property Law Journal free of charge; see this page to learn more about this product.