Podcasts about real property law

This discussion provides an overview of fundamental concepts in real property law. They explain different types of ownership interests, including fee simple estates, outlining the rights associated with owning land and attached structures. The texts also discuss how property interests are transferred, covering topics like deeds, mortgages as security interests, and recording statutes. Furthermore, they explore nonpossessory interests in property, such as easements, covenants, and servitudes, which affect how land can be used, alongside the government's power of eminent domain and the restrictions imposed by zoning laws. The sources highlight the legal doctrines and procedures surrounding these concepts.TakeawaysNon-possessory rights include easements, profits, and covenants.Easements allow use of another's land; profits allow resource extraction.Covenants can be real or equitable, affecting enforcement options.The Restatement Third of Property aims to unify property interests under servitudes.Moral obligation to keep promises is a key reason for enforcing covenants.Dead hand control concerns arise with perpetual restrictions.Traditionally, courts favored enforcing easements over real covenants and equitable servitudes. The American Law Institute's Restatement (Third) of the Law of Property unified these concepts under the term "servitudes" to simplify and rationalize the law.A prospective owner could purchase the property at its lower, encumbered market price and simultaneously negotiate and pay the holder of the servitude an amount to release it. This allows the purchaser to acquire the property free of the restriction.The two essential conditions are that the property must be used for a "public purpose only," and the property owner must be "compensated at fair market value."Inverse condemnation is an action initiated by a property owner when government regulation is so substantial that it effectively amounts to a taking, even without formal condemnation proceedings. Direct eminent domain is the government explicitly using its power to take private property.The "bundle of rights" concept views property ownership not as a single right, but as multiple distinct rights that can be held separately. Key rights include the right to possess, use, exclude others, enjoy benefits, and transfer interests. (Any two of these are acceptable).Fee simple is an estate of indefinite duration in real property that can be freely transferred. It is considered the most common and absolute type of estate, granting the owner the greatest discretion over the property's disposal.An estate for years is a leasehold that endures for a fixed, predetermined period and ends automatically without notice. A periodic tenancy endures for successive intervals (e.g., month to month) until properly terminated by notice equal to the length of the period (or as prescribed by statute).In most jurisdictions, a landlord has a duty to make reasonable efforts to re-let vacated premises if a tenant wrongfully abandons the lease. This duty is to reduce the landlord's losses and prevent them from allowing the property to remain empty while still suing for the full rent owed.Adverse possession is a legal doctrine allowing a trespasser to acquire valid title to land by occupying it in a continuous, exclusive, open, notorious, and hostile manner for a statutory period. The public policy motivation is to reward productive land use, quiet title disputes, and resolve boundary issues, discouraging neglected property.A grant deed is written proof that the property title is owned free and clear of claims or liens and promises that the property hasn't been sold to anyone else. A quitclaim deed transfers whatever interest the grantor has in the property, without making any warranties or guarantees about the title.property law, non-possessory interests, easements, covenants, eminent domain, legal concepts, law students, property rights, zoning, land use

This legal lecture explores the fundamental concepts of real property transfer, focusing on how land interests move from one party to another, how financing is secured through mortgages, and how buyers and lenders ensure they have good title to the property. It covers the essential steps in a land sale, including the requirement for a written contract under the statute of frauds and exceptions like part performance, along with the implications of equitable conversion during the contract period. The lecture also details the requirements for deeds that convey legal ownership, explains the different types of deeds and the warranties they provide, and discusses the crucial concepts of delivery and acceptance. Furthermore, it examines how recording systems determine priority among competing interests, explains the different types of recording statutes (race, notice, race-notice), and defines various forms of notice. Finally, it introduces mortgages as security devices, discusses different foreclosure methods, and covers title assurance methods like abstract and opinion and, more commonly, title insurance, while also briefly touching upon adverse possession as another way to acquire ownership.TakeawaysUnderstanding the contract for the sale of land is fundamental.The statute of frauds requires written agreements to prevent disputes.Equity can intervene in handshake deals through part performance.The deed is crucial for transferring legal title.Different types of deeds offer varying levels of protection.Delivery and acceptance are key to a valid deed transfer.Recording deeds provides public notice and establishes priority.Mortgages serve as security interests for lenders.Title insurance protects against hidden defects in property titles.Adverse possession allows for acquiring title through long-term possession.real property, land transfer, mortgages, title assurance, property law, contract, deed, title insurance, foreclosure, adverse possession

This legal lecture explores the fundamental concepts of real property transfer, focusing on how land interests move from one party to another, how financing is secured through mortgages, and how buyers and lenders ensure they have good title to the property. It covers the essential steps in a land sale, including the requirement for a written contract under the statute of frauds and exceptions like part performance, along with the implications of equitable conversion during the contract period. The lecture also details the requirements for deeds that convey legal ownership, explains the different types of deeds and the warranties they provide, and discusses the crucial concepts of delivery and acceptance. Furthermore, it examines how recording systems determine priority among competing interests, explains the different types of recording statutes (race, notice, race-notice), and defines various forms of notice. Finally, it introduces mortgages as security devices, discusses different foreclosure methods, and covers title assurance methods like abstract and opinion and, more commonly, title insurance, while also briefly touching upon adverse possession as another way to acquire ownership.TakeawaysUnderstanding the statute of frauds is crucial for real estate contracts.Part performance can create enforceable obligations despite unwritten agreements.Equitable conversion shifts risk of loss to the purchaser upon contract execution.Different types of deeds offer varying levels of protection to grantees.Delivery and acceptance are essential for a deed to convey legal title.Recording systems determine priority among competing claims to property.Mortgages can be classified under lien theory, title theory, or intermediate theory.The equity of redemption allows mortgagers to reclaim property before foreclosure.Foreclosure processes can be judicial or non-judicial, impacting strategy.Adverse possession allows for title acquisition through continuous possession.Real Property Law, land transfer, mortgages, title assurance, conveyance, contracts, deeds, foreclosure, title insurance, adverse possession

This conversation delves into the complexities of shared property rights, focusing on concurrent ownership, leasehold estates, and non-possessory interests. The discussion highlights the importance of understanding different types of co-ownership, such as tenancy in common and joint tenancy, and their implications for property rights. It also covers leasehold estates, emphasizing the distinction between various types of leases and the duties of landlords and tenants. Finally, the conversation explores non-possessory interests, including easements and covenants, and their role in property law.TakeawaysUnderstanding concurrent ownership is crucial for property law exams.Different types of co-ownership dictate rights and responsibilities.Tenancy in common allows independent action without permission from others.Joint tenancy includes the right of survivorship, which has significant implications.Severance can occur through sale or partition, affecting ownership rights.Tenancy by the entirety offers protection for married couples.Leasehold estates separate ownership from possession for a limited time.The covenant of quiet enjoyment protects tenants from substantial interference.Landlords have a duty to maintain habitable conditions for tenants.Easements provide nonpossessory rights to use another's land.In a tenancy in common, there is no right of survivorship; a deceased co-tenant's interest passes to their heirs or devisees. In a joint tenancy, the right of survivorship means the surviving joint tenant(s) automatically inherit the deceased co-tenant's share.The four unities are unity of time (interests acquired simultaneously), unity of title (interests acquired through the same instrument), unity of interest (identical interests), and unity of possession (equal right to possess the whole property).Severance can occur through sale, partition, or sometimes mortgage. Severance breaks the unities for the transferred share and converts the co-ownership of that share into a tenancy in common.Tenancy by the entirety provides strong protection against unilateral alienation and individual creditor claims, as neither spouse can sell, encumber, or transfer the property alone, nor can individual creditors reach the property unless both spouses are liable.Partition in kind physically divides the property into separate parcels for each co-tenant. Partition by sale orders the property to be sold and the proceeds divided among the co-tenants.An estate for years is a leasehold estate that endures for a fixed, predetermined period. It terminates automatically upon the expiration of the term without the need for notice.Constructive eviction occurs when a landlord's wrongful acts or omissions substantially interfere with a tenant's use and enjoyment, making the premises uninhabitable or unsuitable for their intended purpose. The tenant may terminate the lease and seek damages if they provide notice and vacate within a reasonable time.The implied warranty of habitability requires landlords, primarily in residential leases, to provide and maintain premises fit for human habitation, meeting basic standards of safety, sanitation, and structural integrity.An affirmative easement grants the right to use or enter another's land for a specific purpose. A negative easement restricts the servient owner from certain uses of their land, such as blocking light, air, or support.Equitable servitudes are enforced in equity by injunction and require intent, touch and concern, and notice, but not privity of estate. Real covenants are enforceable at law through damages and require intent, privity of estate, touch and concern, and notice.shared property rights, concurrent ownership, leasehold estates, non-possessory interests, tenancy in common, joint tenancy, easements, covenants, property law

This lecture covers the essential aspects of real property law, focusing on concurrent ownership, leasehold estates, and non-possessory interests. It begins with an exploration of concurrent ownership types, including tenancy in common, joint tenancy, and tenancy by the entirety, along with remedies like partition. The discussion then shifts to leasehold estates, detailing various forms and their implications for landlords and tenants. Finally, the lecture delves into non-possessory interests, including easements, covenants, and licenses, providing a comprehensive overview of property rights and responsibilities.This lecture provides an overview of various aspects of real property law, building on previous discussions of possessory estates. It first examines concurrent ownership, where multiple parties hold simultaneous interests in property, covering tenancy in common, joint tenancy, and tenancy by the entirety, and discussing remedies like partition. The text then explores leasehold estates, including estates for years, periodic tenancies, and tenancies at will, outlining the rights and duties of landlords and tenants, such as the covenant of quiet enjoyment and the implied warranty of habitability. Finally, the lecture addresses nonpossessory interests, such as easements created through different methods, real covenants, equitable servitudes, and licenses, explaining their creation and enforceability.TakeawaysConcurrent ownership allows multiple parties to hold interests in the same property.Tenancy in Common is the default form of concurrent ownership.Joint Tenancy includes the right of survivorship, which can be severed.Tenancy by the Entirety is exclusive to married couples and offers protection against individual creditors.Partition is a remedy for co-owners to terminate co-ownership.Leasehold estates grant exclusive possessory rights for defined periods.An estate for years ends automatically upon expiration without notice.Periodic tenancies require proper notice for termination.Tenancies at will can be terminated by either party at any time.Easements are non-possessory rights to use another's land for specific purposes.Real Property Law, Concurrent Ownership, Leaseholds, Non-Possessory Interests, Tenancy in Common, Joint Tenancy, Tenancy by the Entirety, Leasehold Estates, Easements, Covenants

This lecture provides an introduction to key concepts in real property law, focusing on possessory estates and future interests. It begins by defining real property and the bundle of rights associated with ownership, which can be divided into distinct interests. The lecture then details various present possessory estates, including the fee simple absolute (the most complete ownership), defeasible fees (subject to conditions), and life estates (limited to a life), highlighting the associated duty to avoid waste. Subsequently, it explores future interests, distinguishing those retained by the grantor (like reversions and rights of entry) from those transferred to others, such as remainders (vested and contingent) and executory interests (shifting and springing). Finally, the lecture touches upon important rules governing these interests, specifically the Rule Against Perpetuities and the concept of merger of estates, equipping students to analyze complex property scenarios.This conversation provides a comprehensive overview of possessory estates and future interests in real property, focusing on key concepts such as fee simple absolute, life estates, remainders, executory interests, and the rule against perpetuities. The discussion emphasizes the importance of understanding these foundational elements for success in property law, particularly for law school exams and the bar exam. The speakers break down complex legal terms and concepts into digestible segments, making it easier for listeners to grasp the intricacies of property ownership and rights.Sound Bites"Understanding how ownership can be carved up.""It's like mastering the grammar of property law.""Executory interests are the rule breakers."TakeawaysUnderstanding ownership in property law is fundamental.Fee simple absolute is the most complete form of ownership.Defeasible fees can be terminated under certain conditions.Life estates grant possession for the duration of a specific person's life.Life tenants have duties to avoid waste.Remainders are future interests that wait for a prior estate to end.Executory interests can cut short other interests.The rule against perpetuities prevents indefinite control over property.Merger occurs when successive vested estates simplify ownership.Mastering these concepts is crucial for property law success.Real property ownership includes rights to possess, use, exclude, enjoy, and transfer, which can be separated. Fee simple absolute is complete ownership without automatic limitations. Fee simple determinable ends automatically upon an event ("so long as"), while fee simple subject to a condition subsequent allows the grantor to terminate upon a violation ("on the condition that"). A possibility of reverter is the grantor's automatic future interest after a fee simple determinable ends. A vested remainder is held by a known person without conditions precedent beyond the preceding estate's natural end; a contingent remainder is uncertain due to an unknown taker or a condition precedent. Ameliorative waste is a life tenant's value-increasing but character-altering property changes, potentially illegal despite increased value. A springing executory interest divests the grantor's interest to become possessory, cutting short the grantor's estate. The Rule Against Perpetuities prevents indefinite property tying by requiring interests to vest within a reasonable time. Grantor-retained future interests like reversions, possibilities of reverter, and rights of entry are usually exempt from this rule. Merger occurs when one person holds successive vested estates without intervening vested interests, combining the estates and extinguishing the intermediate interest.possessory estates, future interests, real property, fee simple absolute, life estates, remainders, executory interests, rule against perpetuities, merger, property law

This lecture covers possessory estates (present rights to land) and future interests (rights that vest later) in real property law. Real property includes land and its fixtures; ownership comprises a bundle of rights (possession, use, exclusion, enjoyment, transfer).Present possessory estates include:Fee Simple Absolute: The most complete ownership, enduring indefinitely, subject to government powers. Freely transferable during life or by will.Defeasible Fees: May be terminated upon a specific event.Fee Simple Determinable: Ends automatically upon the event ("so long as"); grantor retains a possibility of reverter.Fee Simple Subject to Condition Subsequent: Does not end automatically; grantor has a right of entry (power of termination) to reclaim possession if the condition is violated ("on the condition that").Life Estates: Possession lasts for a measuring life. The life tenant must avoid waste (voluntary, permissive, ameliorative).Future interests can be retained by the grantor or conveyed to a third party:Grantor's Interests:Reversion: Retained when conveying a lesser estate ("to A for life").Possibility of Reverter: Follows a fee simple determinable (automatic).Right of Entry (Power of Termination): Follows a fee simple subject to condition subsequent (requires action).Third-Party Interests (Remainders): Follow nondefeasible estates.Vested Remainder: Given to an ascertainable person, not subject to conditions precedent ("to A for life, then to B").Vested Remainder Subject to Open: Given to a class that may expand ("to A for life, then to the children of B").Contingent Remainder: Either to an unascertainable person or subject to a condition precedent ("to A for life, then to B's first child to graduate college").Third-Party Interests (Executory Interests): Divest a prior interest.Shifting: Divests a transferee's interest ("to A, but if used commercially, to B").Springing: Divests the grantor's interest ("to A upon returning from service").The Rule Against Perpetuities prevents property from being tied up indefinitely; generally, an interest must vest within 21 years after the death of a life in being. It applies to contingent remainders, executory interests, and vested remainders subject to open.Merger occurs when the same person acquires successive vested estates, extinguishing intervening interests.Understanding these concepts is crucial for analyzing property rights. Future lectures will cover concurrent ownership, leasehold estates, and nonpossessory interests.This lecture provides a comprehensive overview of possessory estates and future interests in real property law. It begins with defining real property and the bundle of rights associated with it, followed by an exploration of present possessory estates, including fee simple absolute and life estates. The discussion then transitions to future interests, including remainders and executory interests, and concludes with the rule against perpetuities and the concept of merger.TakeawaysA property interest is more than simply a piece of land.Real property includes the land itself and whatever is affixed to it.The fee-simple absolute is the most complete form of ownership.Life estates grant possession only for the duration of a defined life.Waste refers to the life-tenant's obligation to preserve the property.Future interests are rights to the present or future enjoyment.The rule against perpetuities prevents property from being tied up.Merger occurs when the same person acquires successive vested estates.Understanding these concepts is essential for law school examinations.Sound Bites"A property interest is more than simply a piece of land.""Understanding the fee simple absolute lays the groundwork.""Future interests are rights to the present or future enjoyment."real property, possessory estates, future interests, fee simple absolute, life estates, remainders, rule against perpetuities, merger

In this episode we talk about what's likely the most complex and most important part of the homebuying process. Topics covered include: The legal paperwork you'll need to review and sign before buying a new home. The information that needs to be disclosed to you before a sale. The mindset a homebuyer should have when approaching disclosure documents. The different types of disclosures – such as the Real Estate Transfer Disclosure Statement (TDS), Mello-Roose Districts, Bond Assessments, Natural Hazard Disclosures. The other reports homebuyers will receive – such as the Preliminary Title report and a public report. The financing paperwork you'll receive – such as the Loan Estimate and Closing Disclosure. Our Guest: Kevin Burke, Licensed Real Estate Broker and teacher of Real Property Law

Catherine Stock and Kyle Bagshaw welcome Frantz Farreau, new chair of the Real Property Law Section, to discuss valuable takeaways from the conference for real estate attorneys. Frantz discusses the new legal issues arising in this area of the law and highlights events, webinars, practice solutions, and more that his committee provides for members.  Learn more at Real Property Law - California Lawyers Association and listen to their podcast-style webinar, What's Up With Us?  

Catherine Stock and Kyle Bagshaw welcome Frantz Farreau, new chair of the Real Property Law Section, to discuss valuable takeaways from the conference for real estate attorneys. Frantz discusses the new legal issues arising in this area of the law and highlights events, webinars, practice solutions, and more that his committee provides for members.  Learn more at Real Property Law - California Lawyers Association and listen to their podcast-style webinar, What's Up With Us?  

The City of Parkland Florida achieved infamy through the infamous Parkland Massacre, but long before this tragic event, the development of the city was embroiled in controversy and almost became a worthless tract in the Florida Everglades. Enter Lewis, and his struggle to keep Parkland on the map. Lewis has two books available on Amazon. These books are the basis for the Podcast and are available here:Lewis Ress on AmazonLewis also has a new website and blog; you can find it here:lewisress.com

Mon, 07 Mar 2022 05:30:00 +0000 https://studylegalenglish.com/episode118 254701464d6789c576231a964d132983

The Clean Water Act authorizes the Environmental Protection Agency and U.S. Army to regulate discharges to “navigable waters,” defined in the statute as “waters of the United States, including the territorial seas.” The agency regulations further defining these terms have engendered controversy and litigation for decades.Since 2015, the agencies have modified their Navigable Waters regulations three times, and dozens of federal lawsuits have challenged the various versions. Meanwhile, the validity of these regulations have been the key issue in several enforcement cases.On December 7, 2021, the agencies proposed yet a fourth revision in six years to the regulatory definition of Navigable Waters.This teleforum will update listeners on the key pending cases that may have an ultimate effect on the agency regulations, and provide an overview of the proposed new regulation. Featuring:-- Charles Yates, attorney in Pacific Legal Foundation's environmental practice group, where he litigates to defend private property rights and uphold the structural protections guaranteed by the Constitution's separation of powers.-- Tony Francois, who is experienced in Water and Real Property Law, Land Use and Zoning, Environmental Regulation, Natural Resources Development, Agricultural Law, and Constitutional Law. He has represented homeowners, builders, farmers and ranchers, trade associations, and water districts in administrative, civil, and criminal proceedings before state and federal administrative agencies and state and federal trial and appellate courts.

 real estate tips, ny real estate laws, ny landlord, real property law, landlord tenant law, evictions, real estate advertising laws, real estate compliance 

Attention property managers, real estate brokers, co-op shareholders, and potential buyers and sellers of cooperatives - we review a new law that will impact cooperative housing in New York. 

We reviewed a groundbreaking case that was decided by the full second circuit federal appellate court to determine if a landlord is responsible for a tenant discriminating against another tenant. This case changes the entire landlord landscape throughout the country.  Segment Sponsor - The Bryn Elliott Team at Douglas Elliman Real Estate

This year’s taxes, as always, features changes to tax law we were all trying to digest. What is new as of the end of 2020? How did the Coronavirus change the equation? Most importantly, what do we need to do before the end of the year? Before filing? To assist identifying year-end tips to figure 2020 income tax returns, YLR host Jeff Hayden welcomes David Hellman and Frank Adam. David Hellman, with offices in San Rafael, is a certified specialist in taxation law and estate planning, trust & probate law by the California Board of Legal Specialization, State Bar of California, and is Member of the Business Law, Trusts & Estates, Real Property Law & Taxation sections of the California Lawyers Association; Frank Adam, with offices in Pacifica, is a practicing attorney, real estate broker, and certified public accountant. Your questions or comments? Please call toll-free 866-798-8255.

This week we’re headed to the Iowa Law Review’s Symposium "The Future of Law and Transportation". In this episode, we are sharing a panel on transportation and land use featuring Jonathan Levine, Audrey McFarlane, and Sara Bronin. Jonathan Levine of the Taubman College of Architecture and Urban Planning at the University of Michigan discusses his paper ‘Transportation Policy Entrenchment: Institutional Barriers to Accessibility Based Planning” Audrey McFarlane, Associate Dean of Faculty Research & Development at the University of Baltimore School of Law, discusses her paper “Black Mobility and the Refusal of Funds: Structural Racism and Mass Transportation Decision-Making” which she wrote with Dean Julius Isaacson, also of the University of Baltimore School of Law. And Sara Bronin, Thomas F. Gallivan Chair in Real Property Law and Faculty Director, Center for Energy and Environmental Law, University of Connecticut School of Law discusses “The Failed Federalism of Street and Vehicle Design Standards” We hope you enjoy this episode and will be back with a few more through the end of the year.  Thanks to Greg Shill and the Iowa College of Law for allowing us to rebroadcast the audio.

https://www.facebook.com/MacKayRealPropertyLaw/https://www.instagram.com/mackayrpl/https://www.mackaylaw.ca///////Follow Bryon Howard on Social - Who do you know who needs to be on ‘the show’?Bryon is on a mission to get know his neighbours, shop local and promote local.Follow Top Producing RE/MAX House of Real Estate Realtor Bryon Howard on Socialhttps://www.thehowardteam.net/https://www.youtube.com/channel/UCDIp0u8fKD6ejNhoXN95lbg?view_as=subscriberhttps://www.facebook.com/LivingInAltadore/https://www.instagram.com/living_in_marda_loop/https://www.instagram.com/calgary_living/https://www.linkedin.com/in/bryonhoward/https://www.pinterest.ca/MyCalgary/https://twitter.com/Calgary_Lifewww.parkbench.com/marda-LoopOr you can simply call or text Bryon on his cell phone 403-589-0004

To assist identifying year-end tips to figure 2019 income tax returns, YLR host Jeff Hayden welcomes David Hellman and Frank Adam. David Hellman, with offices in San Rafael, is a certified specialist in taxation law and estate planning, trust & probate law by the California Board of Legal Specialization, State Bar of California, and is Member of the Business Law, Trusts & Estates, Real Property Law & Taxation sections of the California Lawyers Association; Frank Adam, with offices in Pacifica, is a practicing attorney, real estate broker, and certified public accountant. Your questions or comments? Please call toll-free 866-798-8255.

From the California Lawyers Association’s 2019 Annual Meeting, Real Property Law Section co-chair Tara Burd hosts fellow executive committee members Ashley Peterson and Anna Liu in a discussion of current short-term rental regulations in a number of California cities. They also share rental property horror stories and explain how lawyers can help property owners protect themselves and remain compliant with current rules. Ashley Peterson is a real estate, business and probate attorney in San Diego, California. Anna Liu is a partner at Steven Adair MacDonald & Partners, P.C. in San Francisco, California.

In this episode, I teach some of the fundamentals of real property law! Since we are all propertarians, we should probably learn the different types of property ownership that exist in our current legal framework. I hope everyone finds this interesting, as it is a great way for me to keep the podcast alive while I study for the bar exam. DonorSee: Help Jessie Schwartz start a women's shelter in Uganda! Remember to comment in DonorSee if you contribute and I will give you a shout-out! BE THE FIRST TO GIVE. Episode 76 of the Liberty Weekly Podcast is Brought to you by: The Liberty Weekly Amazon Affiliate Link The Liberty Weekly Patreon Page: help support the show and gain access to tons of bonus content! Become a patron today! Become a Patron!   Our Nord VPN Affiliate Link Our Liberty Classroom Affiliate Link Show Notes: Present and Concurrent Estates Outline

(audio issues in the first 4 minutes, but very good information)Frederick Hertz is an attorney and mediator with offices in Oakland and San Francisco. He previously handled litigation involving the dissolution of real property co-tenancies, including tenants-in-common, family co-ownerships, and domestic partnership dissolutions, and the related aspects of property and financial disputes between unmarried couples, both same-sex and opposite-sex, as well as purchase & sale and ownership of real property matters. Mr. Hertz’ legal practice is now limited to drafting real property co-ownership agreements, cohabitation agreements, and premarital agreements for couples, both gay and straight.Mr. Hertz also works as a mediator and arbitrator, with a special emphasis on the mediation of co-ownership and other disputes between married and unmarried couples, business partners, tenants-in-common, co-owners, family members, and domestic partners. He also mediates all varieties of real estate disputes.A native of St. Paul, Minnesota, Frederick Hertz graduated from Boalt Hall (University of California, Berkeley School of Law, 1981), clerked with the Minnesota Supreme Court (1981-1982), and subsequently received a Master's Degree in Urban Geography from the University of California, Berkeley (1991). He has previously taught Real Property Law in the Paralegal/Legal Studies Program of St. Mary's University, and Small Firm and Solo Practice Management at Golden Gate Law School in San Francisco.Mr. Hertz writes and speaks nationally on property issues facing unmarried partners. He is the author of Legal Affairs: Essential Advice for Same- Sex Couples (Henry Holt & Co./Owl Books, 1998) and co-author of two Nolo Press books, Legal Guide for Lesbian and Gay Couples and Living Together : A Guide for Unmarried Couples. He has been quoted in The New York Times, the Advocate, American Demographics, Hero Magazine, Kiplingers Magazine, and the New York Observer, and has appeared on NPR's All Things Considered, Sound Money, and on the Oprah Winfrey Show and the Today Show.http://frederickhertz.com

.embed-container { position: relative; padding-bottom: 56.25%; height: 0; overflow: hidden; max-width: 100%; height: auto; } .embed-container iframe, .embed-container object, .embed-container embed { position: absolute; top: 0; left: 0; width: 100%; height: 100%; } Buying a home? Click here to perform a full home searchSelling a home? Click here for a FREE Home Price EvaluationRyan Mackay of Real Property Law joins me to answer a recent client question: What is the number one problem for sellers to avoid? If you’re selling a house or bare land condo, you need a real property report. Ryan sees a huge percentage of sales come in without a real property report. A lot of these sellers are two weeks away from closing and say they have never even heard of this report!The real property report is essentially a surveyor’s drawing that shows where your property lines are. The RPR lets you know if your stuff is sitting on your land or if your new fence is encroaching on your neighbor’s property. If that’s the case, that problem will cost money to fix.If there’s no RPR in play, the contract gives the buyer complete power over the deal. You need a real property report with a municipal compliance stamp from the city confirming that everything is okay. If you don’t have that, the buyer can put the entire deal on hold and even delay funds. If you need that money to purchase your next home, suddenly, you’re in a bad position to purchase your next home.Get the real property report ready to go when you list your property. Sometimes, you might have had one before, but if you built a new fence or shed you need to get it updated. This is a huge problem that is easily preventable. If you have any questions, give us a call or send us an email. We would be happy to help you!

.embed-container { position: relative; padding-bottom: 56.25%; height: 0; overflow: hidden; max-width: 100%; height: auto; } .embed-container iframe, .embed-container object, .embed-container embed { position: absolute; top: 0; left: 0; width: 100%; height: 100%; } Buying a home? Click here to perform a full home searchSelling a home? Click here for a FREE Home Price EvaluationWe’re back again with our good friend Ryan Mackay of Real Property Law to discuss the important topic of real estate and divorce. Ryan’s going to share some tips, best practices, and processes of going through a transaction while going through a divorce at the same time.Even a “good divorce” isn’t always a good time. There’s always a lot of stress and pressure during this time, and the last thing you want is to add more of it by having to deal with a real estate transaction. Quite often during a divorce, both parties have their own family lawyer and want to use that lawyer. Either way, someone will be left feeling extremely vulnerable. One way to remedy this problem is by hiring an independent, 3rd-party law firm that’s just there to do the transaction. Someone like Ryan and his team. For the most part, when both parties have agreed to sell, there isn’t much left to fight about. However, there are worries about money. If people come to Ryan, he will help them sell and if they give him a written statement explaining what to do with the funds, things are made a whole lot easier. Otherwise, he can hold the funds in trust until the family lawyers have done their thing. This makes sure no one is taken advantage of throughout the process.Ryan and his team can be a helpful unbiased third-party, an intermediary who can remain neutral. As for buying a home from a couple that’s divorcing, it’s important to know one thing. When you move into the house, it will be full of junk that neither spouse wanted. They will take the stuff they want and leave the rest. It’s not the end of the world, but it’s a good thing to know. If you are going through a situation like this or know someone who is, we can help. Just give us or Ryan a call or send us an email, and we’ll be sure to handle things with the utmost care. We look forward to hearing from you!

.embed-container { position: relative; padding-bottom: 56.25%; height: 0; overflow: hidden; max-width: 100%; height: auto; } .embed-container iframe, .embed-container object, .embed-container embed { position: absolute; top: 0; left: 0; width: 100%; height: 100%; } Buying a home? Click here to perform a full home searchSelling a home? Click here for a FREE Home Price EvaluationThere are countless pitfalls you can fall into during the home buying process. Today we want to help you avoid some of the more troubling ones, so we’ve invited Ryan Mackay, an attorney with Real Property Law, to talk a little bit about how to avoid certain pitfalls that have ruined deals for buyers in the past. Within a purchase contract, there are an endless number of things that could go wrong. While the big, catastrophic problems are rare, they are still possible if you don’t have the right person or team of people guiding you through the process.Ryan says that most of the problems he sees are mistakes made before the client even comes to his office. One of the biggest issues he’s been seeing has to do with home inspections or lack thereof. Let’s say you are looking at a house and for whatever reason, you decide not to get an inspection. You may think that everything appears to be fine from your walkthroughs, but what you don’t know is that there is a clause in a standard contract that says the property will be in essentially the same condition on the possession date as the day the contract is signed.If there ends up being something major wrong with the home that doesn’t get picked up due to a lack of home inspection, there is nothing Ryan can do to help at that point. By waiving your inspection, you waived your right at re-negotiation of the contract due to repairs. The contract says you're buying as-is, so you end up paying good money for a broken item. This is a completely preventable issue and proof that getting a home inspection is a wise investment. More than just the inspection, it’s about hiring the right people to work with so that you never have the opportunity to skip an inspection. You want your agent, your lender, your lawyer, and your home inspector to all work together in order to help you buy a home.If you have any questions for us, don’t hesitate to reach out. We look forward to hearing from you!

Florida Law Update 2015 featured as a seminar at The Florida Bar’s 2015 Annual Convention. After the seminar, Legal Talk Network producer Laurence Colletti sat down with some of the presenters to discuss what’s new in Florida Law. In the first part of this podcast, Laurence interviews Denis deVlaming about criminal law from district courts, the Florida Supreme Court, and the US Supreme Court in the past 12 months. In the second part of the podcast, Laurence interviews Manny Farach about updates in real property law and Kevin Johnson about employment law. Farach discusses mortgage foreclosure cases winding up and Marian Farms v. SunTrust Banks. Johnson talks about the well known Young vs. United Parcel Service and EEOC vs. Abercrombie & Fitch.

REAL LIFE WITH AMY.. Join Amy Mckenzie and Michelle Darnell: "Please join us for an 'on location' protest with Michelle Darnell of Stafne Law Firm. RCO/NWTS is acting in protest due to a violation of the Deed of Trust Act as it is in conflict with the mortgage borrower's due process. "We (Stafne Law Firm) also argue that the trustee's are over stepping their bounds based upon Real Property Law."     Michelle will also touch on the formation of her non-profit organization to increase awareness, facilitate education, foster unity and initiate action in response to the political and corporate corruption that is the root cause of our fiscal mortgage challenges in America today."