Real Estate Center

We handle Pennsylvania and New jersey residential and commercial real estate transactions including:

drafting, reviewing and negotiating residential and commercial real estate purchase and sale contracts
drafting, reviewing, and negotiating residential and commercial lease agreements
resolving commercial and residential real estate disputes through mediation, arbitration, and litigation
representation of both landlords and tenants in eviction actions
arranging and handling title issues, including liens, mortgages, and judgments against the property
We have an on site full service title company, A.C. Abstract, LLC for all of your title needs

The term "property" means that a person has the right to use, control, and dispose of a certain object. "Real property" means that the object is land. Land includes the surface of the earth as well as everything above it (such as buildings) and below it (such as minerals).

People can share ownership of real property with others in a number of ways, including:

Joint Tenancy - two people have an undivided interest in real property and have a right to the whole property upon surviving the other person.
Tenancy by the Entirety - spouses have an undivided interest in real property and have a right to the whole property upon surviving the other person.
Tenancy in Common - several people have an undivided, but distinct, interest in real property and do not have right to the whole property upon surviving the other people.

Given the complexities of real property ownership, it is recommended that a lawyer be consulted on the most appropriate way to title property.

The most common legal way to transfer ownership of real property is to execute a deed. The requirements of a deed vary from state to state, but typically must include a detailed description of the property, the name of the person receiving the property, and the signature of the person transferring the property. Also, the deed must be brought to and accepted by the person receiving the property. That person may record the deed with the proper local authority, thereby establishing ownership and giving notice of the transfer. Property is occasionally transferred without the consent of the owner such as when the owner dies without a will or files for bankruptcy.

There are many types of land deeds. Each offers a different degree of guarantee by the seller as to the title:

General Warranty Deeds - guarantee that the property is unencumbered and that no other person can legally claim the property.
Limited Warranty Deeds - guarantee that the property is unencumbered from any claims made after the seller became the owner of the property.
Quitclaim Deeds - guarantee nothing and the buyer can make no claims against the seller if there is a future problem with the title. Simply transfers interest.

A related issue concerns mineral deeds, which convey rights in the minerals that are found in, on, or under a piece of land. This includes the right to enter and occupy the land so as to remove the minerals. Mineral rights can be kept when land is sold, thereby making it possible for someone to have the right to the minerals without being in possession of the land. Mineral rights themselves also can be leased or sold.

The buying of real property often involves a mortgage (or a similar instrument called a trust deed). This is a transfer by the property buyer of an interest in the property to a lender, given as security for a loan. The buyer usually pays the loan in installments that include both principal and interest. If the buyer fails to make the payments, the lender can foreclose on the mortgage. Foreclosure means that the lender can force the property to be sold and use the sale proceeds to pay off the original loan.

Real property litigation also concerns the area of landlord-tenant disputes. Disagreements often occur over the length of the rental term or the amount of rental payments. Furthermore, the landlord may be accused of wrongful eviction or failure to make the property suitable for basic habitation. On the other hand, the tenant may be accused of nonpayment of rent or failure to keep the property in reasonably good repair.

Another common real property topic is that of easements. An easement is a restricted right to use someone else's land for a particular purpose such as a private road or to lay pipeline. Once an easement is created, the person who uses the easement must maintain it. The person who owns the easement can fix and enhance it as long as he does not interfere with the user's enjoyment. Easements are perpetual unless ended by agreement, abandonment, merger, or necessity.

Lastly, it is important to note that the government has the constitutional power to take private property (real, personal, or intangible) for public use. This seizure is completed through a process known as eminent domain. To be considered a taking, the landowner must be deprived of all beneficial uses of the property and the property must be made available for public use. The landowner must be paid just compensation -- reimbursement that is complete and adequate without being excessive. This amount is usually determined to be the fair market value of the property.