Real Estate

Real estate law consists of laws that govern who can own and use land. This legal area is regulated by both state and federal statutes, as well as common law. For that reason, many aspects of real estate law overlap with contract law. 

While the concept of real estate law is relatively simple, it includes a broad range of unique legal disciplines for both residential and commercial property. In looking at real estate, there are multiple variables. Property can be owned by an individual, corporation, or several people. Property can be owned but rented out. There is also the buying and selling aspect, along with land that passes down from one generation to the next.

Because real estate encompasses numerous tangible aspects, being comprised of land and anything attached or belonging to that land, real estate law has some complexities. Real Estate law considers the rights, benefits, and interests that are legally attached to the property, which can also include certain rights specific to drilling beneath the ground, the air above the land, future land acquisition, and even rights to live on the land.

The Legal Field of Real Estate Law

Dan L. Claiborne practices in this area of law. As such, he deals with many related issues, including purchases, sales, rights and interests, transfers, tenants/renters, homeowner rights, landlord issues, settlement of claims against the property, title to real property, land use, zoning, property development, home loans/foreclosures, related agriculture issues, and more. Real estate law is further complicated by inconsistencies in existing laws.

Trying to handle things on your own would be extremely difficult. For this area in particular, you need superior legal assistance. Dan is well-versed in many areas of real estate law, such as filing Mechanic's and Material Man's liens, drafting deeds, drafting contracts, drafting leases dealing with zoning and boundary disputes. 

Whether buying or selling real estate, you want a qualified legal expert on your team. Dan’s services run the gamut, such as helping you locate the right house, finding the best buyer, negotiating a sales price, and handling issues with the closing. Regardless of the scenario, Dan will go out of his way to protect your rights.

For the most part, legal services are not mandatory, although some mortgage lenders and title insurance companies will require that you have an attorney. In his role, Dan can provide services as broad as needed.

Get help on your Real Estate matter

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Buying and Selling

For a homebuyer, Dan will provide multiple services:

  • Ensure that you understand the purchase contract
  • Provide mortgaging options
  • Research any liens, easements, or covenants
  • Prepare and register legal documents
  • Clarify the mortgage terms
  • Work with your bank, if necessary
  • Analyze adjustments such as utility costs paid and owed taxes
  • Attend the closing to review documents that you need to sign
  • Conduct a title search

When selling a home, Dan’s expertise is also beneficial:

  • Negotiate, review, and prepare the sales agreement
  • Prepare the power of attorney and deed, when applicable
  • Handle title issues
  • Attend the closing to review documents prior to you signing
  • Arrange for the transfer of security deposits

Hiring a Real Estate Attorney

If you are about to embark on an adventure of selling or buying real estate, Dan L. Claiborne provides outstanding legal services. Dan will work hard to ensure that your rights are fully protected. For a consultation, please contact Dan today.