Individuals, families, and business entities move to Celina every day. As they arrive and settle in Celina, the Texas residential and commercial real estate market expands. This then results in increased real estate transactions and litigation.
Fortunately, many of these transactions are fairly straightforward and can be handled by a licensed real estate broker and title company. Nonetheless, some matters are complex enough to require the expertise of a Celina real estate attorney.
Eddie Cawlfield of the Cawlfield Law Firm, PLLC, understands the value of property. He knows that they often require hefty investments in money and time. This is why he strives to protect the rights of Celina property owners by providing comprehensive legal assistance.
Are you ready to enter a real estate contract? Or are you involved in a dispute? Consult with attorney Cawlfield and discuss your concerns or questions.
What Is Real Estate?
The law recognizes three types of property. Personal property consists of moveable items, such as furniture. Intangible property refers to ownership that does not have a physical existence, but that may be represented by a physical item, such as a stock certificate. Real estate refers to land, as well as anything permanently attached to the land, such as buildings and other structures. Some people use the term “real property” to refer to land without structures.
While real estate is generally considered to apply to land and homeownership, it often incorporates other entities such as bushes, mineral compounds, and trees within the property.
It also includes the rights of an individual or group that are accompanied by land ownership. This includes the right to drill beneath the surface.
Limits on Ownership
Lawyers often refer to real estate as a “bundle of rights,” extending to the center of the earth and up to the heavens. Certain “sticks” may be separated from the bundle by the owner’s intentional actions. For example, an owner might grant an easement or acquire property that is subject to an easement and thereby give up the right to exclude people from that part of the property.
Similarly, an owner might buy property in a subdivision that is subject to covenants that restrict how the owner can use the property. In some states, owners can sell the subsurface rights to their land, so that one owner might own and live on the surface, while another has the right to mine minerals below the surface.
Other rights are limited by law. Much regulation of real estate is statutory, enacted by a legislative body, or regulatory, enacted by a governmental administrative agency. Environmental laws, for example, are primarily statutory and regulatory.
Other real estate law is common law, meaning that it evolved from judicial decisions. For example, the U.S. Supreme Court has issued several opinions defining the circumstances under which regulation of the use of real estate goes “too far,” and constitutionally requires compensation.
Since real estate necessarily stays in one location, most real estate law is state law. Federal law does have a role. For example, the Federal Aviation Administration establishes the altitudes at which planes may fly over private property, and property owners may not prevent those flights. Similarly, the federal Fair Housing Act, 42 U.S.C. § 3601-3631, protects people involved in real estate transactions from discrimination based on race, color, religion, sex, or national origin. Local zoning laws also restrict how owners can use their land.
Ownership of real estate also can be limited by time, as with a life estate that ends upon the death of a specific person. Ownership can be shared in a variety of ways among individuals or be held by condominium associations, corporations, or other entities, as described in the deed by which the owners acquire the property.
Real estate law is closely tied to other areas of law. For example, contract law governs the sale of real estate and requires that such contracts be in writing. States dictate special inheritance laws for real estate. There are even specific types of crimes and torts that apply to real estate. For example, trespass refers to entering the land of another without authority to do so, and it can be a crime or the subject of a civil lawsuit. Real estate is also subject to special provisions in family law, such as the rights of a spouse in the marital home.
Real Estate Law in Celina, Texas
Commercial real estate refers to any type of structure or land used for business purposes. This could include the sale of goods, services, or both to the public. In Celina, Texas, the laws that apply to commercial real estate are different from those covering residential real estate.
Both properties share basic legal protections, such as regulations against concealment of defects and fraud. But, most of the legal protections that apply to renters and buyers of residential property don’t cover commercial property owners.
For instance, neither rent control nor the warranty of habitability applies to commercial real estate. Also, owning or renting such land or structure does not carry a guarantee of quiet enjoyment.
Commercial Real Estate Law Issues in Celina, Texas
Attorney Eddie Cawlfield is dedicated to protecting the interests of commercial real estate buyers and renters in Celina. He handles legal issues such as:
- Financing: Very few small to medium-sized business owners have enough money at hand to purchase business property. To remedy this, buyers may take a mortgage on the property being purchased. Keep in mind, however, that the property you buy with the loan also secures the loan and could be foreclosed if you default.
- Duty to Inspect: The obligation to disclose defects does not excuse a buyer from their responsibility to inspect the property before buying it. If a reasonable inspection could have uncovered any defects, you may fail to recover any damages later.
- Encumbrances: An encumbrance is a right or small ownership interest held by a third party over the use of a parcel of land. For example, a cable company could purchase an encumbrance from property owners that allows them to string cable wires on the street to nearby houses.
- Concealment of Defects: This law protects you from liability for any material damages concealed by a seller or leaser. It also covers any damages that result from this active concealment.
Real Estate Issues We Handle at The Cawlfield Law Firm, PLLC
Real estate in Celina and the surrounding areas involves a full spectrum of activities. These span from property acquisition and development to sale. By working with a real estate attorney in Celina, TX, you get full access to legal counsel concerning every aspect of real estate transactions.
Some of the real estate services we offer include:
- Asset protection
- Entity formation
- Real estate document preparation: leases, sales contracts, deeds, etc.
- Real estate closing services
- Title transfers
- Real Estate Deeds
- Landlord and tenant issues
- Breach of contract
- Purchase and sale agreements
- Real estate liens
- Commercial and residential real estate consulting.
Our legal services cover everything from legal advice to conflict resolution. We also advise our clients on legal matters that include:
Real Estate Settlement Procedures Act – requires lenders to provide information about the loan settlement process to prospective buyers. It aims to protect the rights of potential homeowners.
Breach of fiduciary duty – This refers to when one party disregards their responsibility to act in the best interest of another.
False advertising – When a real estate agent, landlord, or seller provides false or misleading information regarding real estate.
Failure to disclose – If a party deliberately conceals essential information concerning a property, they could face legal consequences.
Environmental hazards – Disputes and lawsuits could arise in response to certain dangers, such as mold, asbestos, lead-based paint, etc.
Americans with Disabilities Act – Protects disabled potential homeowners from discrimination.
Why Do You Need a Real Estate Attorney?
Many people in real estate don’t understand the significance of real estate law firms. This is probably because most transactions appear simple enough to be handled by an agent. However, you could get into serious trouble performing even the simplest of real estate tasks. Several laws and regulations regulate everything from complex property purchases to a simple brokerage agreement.
A real estate attorney can help ensure you don’t make any missteps. They can also resolve any disputes that arise from owning a business or home. While you could surely learn on the job, it is often better to entrust your real estate issues to an experienced professional.
Some of the ways we assist our clients include:
- Resolving boundary issues and disputes on behalf of homeowners
- Advising business owners on commercial real estate law
- Ensuring real estate investors have the appropriate zoning for their intended uses
Failing to comply with state real estate laws could result in delays and lawsuits. It could also hold serious legal consequences for everyone involved. If you are new to the area, consult a Celina real estate attorney for comprehensive legal guidance.
By helping you save both time and money, our services will allow you to focus on reaping your investment benefits.
Talk to a Celina Real Estate Attorney
Real estate law is complicated. It often involves laws and regulations that vary across states, counties, and cities. Fortunately, working with a real estate attorney in Celina, TX, allows you to navigate any real estate legal issues successfully.
At The Cawlfield Law Firm, PLLC, we dedicate our extensive knowledge base and experience to protecting and assisting real estate owners. We are adept at handling any legal situation that may arise in this type of practice.