Every marriage is not meant to last forever. No matter what the reasoning behind the divorce, it is important to have legal representation for each side. I almost lost everything because my former spouse said that he was taking care of things and that he would be fair about how the assets were divided. It took several weeks for me to find out what he was up to. It was then that I hired my own attorney and got what I deserved. You should never attempt to go through a divorce without a lawyer working on your side. On my site, I have listed several of the issues that can get overlooked if you are inexperienced with divorce documents and proceedings.
Many people erroneously believe that a real estate lawyer is only good for those buying and selling homes or commercial property. This thinking can wind them in trouble. They fail to realize the need for such an attorney until it is too late.
It is always best to ask for legal advice before things get out of hand. Here are some instances when property owners may have to ask for legal advice.
The government can take property when it believes it can make use of it for the public good. This theory, known as eminent domain, derives from American property law. The government is the ultimate owner of all land rights. Under the Constitution, municipalities must provide the owner with just compensation for any land taken.
This right of eminent domain does not have to go unchallenged. Owners can file claims to demonstrate that they are using the property in a socially beneficial way, for example. They also may want to stall, or enjoin, the government from taking the land for a certain period. An injunction of this type can buy time for the owner to prepare their financial situation for the move.
Landowners may think they have exclusive rights to their land. Then, one day, they look out to see trucks from a neighboring business lumbering unto their property. The dust and dirt may pose problem. The competing business could claim their land deed contains an easement. This right means they can intrude upon a certain portion of the property when needed. In most cases, an easement provides someone the right to pass through another's property to gain access to a road.
Again, a lawyer can again file an injunction. They can also limit the easement rights. For example, the trucks may only use the access point during certain hours.
Homeowners generally think they can use their property as they see fit. There is an old adage about a home being the castle of the owner. Well, this is true to an extent.
In general, land deeds provide the rights to the home and the ground down to a certain depth. This means that the mineral rights belong to someone else, usually a corporation.
Those who want to use the ground for any reason need to know just how far they can dig. A lawyer can check through the deed records to find out the limits on mineral rights. This task can involve in-depth research requiring professional knowledge.
Finding a Real Estate Lawyer
Real estate law is more complex than just overseeing the sell of houses and commercial lots. Attorneys in the field need a background in a number of related areas. Landowners should usually consult with such an expert, like Iannello Anderson, before problems arise. Peace of mind is better than the stress resulting from a challenge to ownership rights.