25 Property Law Questions: Land, Leasing, and Transactions Explained

Land Ownership

What is the distinction between real property and personal property?

Real property refers to land and anything permanently attached to it, such as buildings and trees, while personal property is movable, such as furniture and vehicles.

What is freehold ownership?

Ownership of property without any time limit, meaning full rights to use, lease, or sell the land.

What is a deed?

A legal document transferring ownership of real property from one party to another.

Also read:

What is title insurance?

Insurance that protects property buyers and lenders against potential disputes or defects in the title.

What is adverse possession?

A legal principle that allows someone to claim ownership of land if they openly and continuously occupy it for a statutory period.

Property Transactions

What is escrow in real estate?

A third party holds funds and documents during a property transaction to ensure all conditions of the sale are met.

Closing costs: Closing costs are those fees paid in a real estate transaction, at the closing, which include the payment of various taxes, title insurance, and legal fees, among others. Property survey: A property survey is a very detailed map indicating the boundaries of a property with structures and other features, commonly required for obtaining title insurance. Contingency: A condition that must be satisfied before a sale can take place, such as a home inspection or loan approval.

What is the seller liable for if it fails to disclose defects?

A buyer may file a claim for damages or seek rescission of the contract based on a material, undisclosed defect that violates disclosure laws.

Leases and Leases Agreements

What’s the difference between a lease and a rental agreement?

A lease is a term agreement (say, one year), while a rental agreement is month-to-month.

Tenants generally have rights to habitable living conditions, privacy, and protection from unlawful eviction.

Can a landlord raise the rent in the middle of a lease term?

Only if the lease agreement includes a clause allowing it or if the tenant agrees to it. Rent increases are usually only allowed at renewal.

What is a security deposit, and how is it treated?

A refundable deposit made by the tenant for damages or unpaid rent and is held by the landlord until the end of the lease.

What is eviction and how is it done?

Eviction is the legal process for removing a tenant who breaks a lease term. Landlords need to provide notice and typically seek a court order.

Land Use and Zoning

What is zoning?

The local regulations for land use such as residential, commercial, or industrial uses.

What is an easement?

A legal right for one to use another’s property for a specific purpose, for example, accessing a driveway or installing utility facilities.

What is eminent domain?

The right of the government to take private property for public use with just compensation to the owner.

Can a landowner limit access to his or her land?

Yes, unless there is a valid right of way, easement, or zoning that allows access.

What is a restrictive covenant?

A restriction in a deed to the property that restricts what can be done with the property, such as types of structures not allowed.

Property Disputes

What is a property lien?

A legal claim against the property as collateral for some debt, like unpaid mortgages or contractor fees.

How are boundary disputes resolved?

Property surveys or negotiation, mediation, or court actions to determine the correct boundary line.

What happens if there is a title defect?

Title defects such as unresolved liens or disputes over ownership need to be resolved before selling a property.

Quiet title action: A lawsuit aimed at settling claims or removing any clouds over the title to the property to guarantee clear ownership.

How do co-owners settle disputes over the property?

The co-owners can agree among themselves, sell their interest or seek the intervention of a court for partition and sale of the property.

These FAQs offer a foundational understanding of property law relating to land, leasing, and transactions.