Everything You Need To Know About Easements

EasementThe property discussion might be very tricky sometimes. Does your neighbor use the roadway that passes your private property? Does a local utility company have the right to access a pipe buried in your yard? One day you may wake up and find out that you have to share a part of your possessions. Here are several things that you should know about easements.

An easement is a legal, non-possessory right to use or/and enter someone’s land for a particular purpose. It means a lesser interest in someone’s property, a legal arrangement by the landowner and a no owner in some way. There exist plenty of varieties of this type of property right (i.e. easement for ingress and egress over someone’s property, ross-access or reciprocal easement and maintenance agreement, conservation easement, construction easement, condominium/town-home declarations, etc.) Continue reading

Foreclosure Laws in Different States

foreclosure1Foreclosure is the process by which a homeowner’s rights to a property are forfeited because of failure to pay the mortgage. If the owner cannot pay off the outstanding debt or sell it via short sale, the property then goes to a foreclosure auction. If the property does not sell at auction, it becomes the property of the lending institution. Foreclosure is very complicated and it’s laws vary by state so it would be advisable to consult with a real estate attorney in your particular state.

As foreclosure process can be very confusing and complicated, we decided to describe it step by step.

Continue reading

Main Areas of Homeowner Liability

In many states, property owners owe different duties to people who come onto their property. They have a liability to protect any person from harm or injury that enters their premises. There are three areas under which a homeowner is liable to anyone on the homeowner’s premises:Avoid-Homeowner-Heartbreak-with-Liability-Insurance

  1. invitees
  2. licensees
  3. trespassers

In states that still distinguish among these categories of people, the legal duty owed to each category is different. It is important to ask a lawyer whether these categories and standards of care apply in your state.

Let’s see what each category mean.

Continue reading

How to Find the Right Lender

piggyback-mortgage-house-familyWe all are daydreaming of a big and beautiful or small and cozy, but our own house. The process of buying a house can be, and in fact it is, very confusing and stressful. State and federal laws, current mortgage rates, tax considerations, your personal preferences and your financial situation – all these only add more headache to you.

One of the most confusing parts of the mortgage process can be figuring out all the different kinds of lenders that deal in home loans.

So, in order to get the best deal, or you have other special circumstances to address, understanding the different types of lenders can be a big plus.

There are direct lenders, retail lenders, mortgage brokers, portfolio lenders, correspondent lenders, wholesale lenders and others.

First, let’s define a lender and what he does. It is someone who lends money to another; it can be individual, public or private group. The money that was borrowed should be repaid with additional interest.

Continue reading

Eminent Domain – What Does it Mean?

eminent domainEminent domain, broadly understood, is the government’s right to take private property for public use, even without the owner’s consent.

The most common uses of property taken by eminent domain are public facilities, highways and railroads.

As of public use, it means:

  • available to the entire public
  • needs of society (schools, hospitals, highways)

Nowadays, the meaning of public use is beginning to be broadened to public benefit, which means that property may be transferred to a private owner for the purpose of economic development, which in its turn can create new jobs, revitalize a depressed urban area, thereby it can be qualified as a public use.

Continue reading