| Estates in Property -- Fee Simple |
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| Fee simple is the type of ownership that embraces every interest in property. In other words, when a person owns property in fee simple, there are no limitations on his or her right to possess, use, sell, or pass the property on to his or her descendants through a will or a trust. The owner of a fee simple estate owns the whole bundle of rights. More... |
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| Residential Real Estate Contracts |
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| When buying or selling real estate, a contract must be drawn up between the buyer and the seller. In order to satisfy the requirements of the Statute of Frauds, the contract must be in writing and signed by the parties. Ordinarily, the contract consists of a blank form that is provided by the seller's broker, but an attorney may also draw up the contract. Other times, the seller will draft the contract himself or herself. The responsibility for drafting the contract may vary from one location to the next, depending on local custom and statutes. More... |
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| Inspections and Punch Lists |
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| When a buyer works with a builder to plan the construction of a new home, the buyer will have an opportunity to look at models, drawings, plans and specifications. The combination of these documents gives the buyer a general idea of what the home will eventually look like. As the construction progresses, the idea takes form; however, until the process is complete and the buyer has actually walked through the completed structure, the buyer has no idea whether everything has been completed as imagined and in a workmanlike manner. More... |
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| Trees - Fruit & Nut Trees |
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| Generally speaking, a property owner may cut back branches and roots that stray onto the property owner's property. The right of self-help, as it is called, is not found in state law; however, it derives from the common law. The rationale behind the right of self-help is that, to the extent possible, property owners should be able to protect their interests without the necessity of resorting to the courts. More... |
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| Deeds |
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| In order to transfer title to real property from one person to another, some type of written instrument is required based on a doctrine known as the Statute of Frauds. The written instrument that is most commonly used to effectuate such transfers is known as a deed. More... |
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