Property Law

Property law protects every owner’s rights to their property, including your right to own a home and the land on which it sits. Therefore, if you are buying or selling a house or other real property, it is essential that you understand how property laws work in order to make informed decisions about your purchase or sale.

Whether you need help with an eviction, foreclosure, or other legal matter involving real estate, the team of experienced real estate attorneys at Kelly Legal Group will be able to provide expert advice. We offer free consultations and we always respond quickly to your calls and emails. Contact us today for more information.

A property lawyer can help you protect your interests by negotiating contracts for the sale or purchase of real estate; drafting leases and operating agreements; completing a residential or commercial real estate transaction; resolving disputes over title and ownership; assisting with the transfer of a company’s intellectual property; and advising on all aspects of corporate governance.

Our Real Estate Property Law Services

We offer comprehensive property law services tailored to meet our clients’ needs. We have what it takes to get the job done right, from drafting contracts to litigation support and everything in between. Our team is experienced in handling a wide variety of matters, including:

Leases

A lease is a contract between two or more parties where one party (the lessor) grants another party (the lessee) the use of land or other property for a specified period at a specific price. Lease terms include rent, conditions, renewal options, subleases, assignment, and termination.

Traditionally, leasing and rental agreements have been a complex area of property law due to the inherent conflict between a property’s owner and its tenant, which means these contracts must be properly drafted.

A real estate attorney can help you draft a lease agreement that best suits your needs. For example, if you buy or sell a commercial building, it may be necessary to draft a special lease agreement. In this case, our real estate attorney can assist you in drafting a special lease agreement tailored to your particular situation.

Sale & Purchase Contracts

A sale and purchase contract is a legal document used to formalize the sale of real property. It is typically written as part of a larger transaction, such as when a seller sells his home to a buyer who then purchases the home from the seller.

Most states require sellers to disclose certain information about the house’s condition before they sell it. This disclosure requirement is called “disclosure” because it requires the seller to tell prospective buyers what they know about the house and any potential issues.

If there are any problems with the house, the seller must inform the buyer about them. If the seller does not disclose material defects, the buyer may sue them for fraud.

A real estate attorney will review the disclosures made in the sale and purchase contracts to ensure that everything is disclosed. They will also advise you if anything is missing.

Clearing and Transfer of Titles

When a person dies, their real estate automatically passes to their heirs. However, if the deceased did not leave a will, the state government takes control of the deceased’s real estate until it is distributed according to the laws of intestate succession.

An executor administers the estate after the death. An executor distributes the deceased’s personal property to the beneficiaries under the will. They also distribute the deceased’s real estate to the beneficiaries according to the laws of descent and distribution.

An executor cannot distribute real estate without first having the title transferred to them. Title transfer involves recording an abstract of the title. Then, a title search is performed on all properties owned by the deceased before transferring ownership.

The executor should hire a lawyer to perform the title search and prepare the abstract of the title. This ensures that no errors are made during the process and there is no legal issue.

The real estate lawyers at Kelly Legal Group understand the importance of title searches and abstracts of titles. We can help you complete the process of clearing and transferring titles. We are experts in real estate law.

Bailments

Bailments occur when property is transferred to another person or business for a specified purpose with the understanding that it will be returned after the purpose is completed. Bailments are vital contracts between parties involved in these real estate transactions.

For example, a landlord might lease out space in a shopping mall to a tenant. The landlord agrees to rent the space to the tenant for some time. The landlord retains possession of the property while the tenant pays rent to use the space.

After the lease expires, the landlord can either renew the lease or let the space go back to the original owner. If the landlord decides to let the space go back to its original owner, the landlord transfers legal title to the space to the original owner.

However, if the landlord wants to keep the space, the landlord enters into a bailment agreement with the tenant. In this case, the landlord rents the space to the tenant again, but only for a limited time. After the lease expires, the tenant returns the space to the landlord.

To protect both parties, a real estate agent drafts a bailment agreement. This document states what rights each party has over the property. It also specifies how much time the tenant must have possession of the property before returning it to the landlord.

A real estate attorney at Kelly Legal Group helps landlords draft bailment agreements. These documents ensure that both parties understand their respective rights and responsibilities.

Covenants

Covenants are promises that are included in deeds. They are used to describe the obligations of one party to another. For instance, a covenant might state that a homeowner must maintain their house in good condition.

If the homeowner neglects to do so, they could be sued for breach of contract.

At Kelly Legal Group, we drafts covenants for homeowners and sellers. Covenants are important aspects of real estate law because they define the rights and obligations of all parties involved in a transaction.

Easement

An easement is an interest in land owned by someone else. An easement gives the right to use a portion of the landowner’s property without owning any part of it.

The most common type of easement is an access easement. Access easements allow people to cross private property to get from one place to another.

Access easements are very useful. For example, a farmer who owns farmland wants to build a road through their property. However, building the road would require them to take away some of their valuable farming land. A court-approved access easement allows the farmer to build the road without giving up any of their land.

Another type of easement is a utility easement. Utility easements allow power lines and telephone cables to run across private property. Utility easements are necessary to provide services such as electricity and phone service. Without them, many people would not be able to live in certain areas.

Our Texas real estate law firm can draft easements for landowners and developers.

Insurance Issues and Risk Management

Property insurance protects you against losses caused by fire and other disasters. If your home burns down, you’ll need property insurance to cover the cost of rebuilding.

When you buy a new car, you purchase auto insurance to financially protect yourself from accidents. The same thing applies when you own a piece of real estate. You need property insurance to protect yourself from damage caused by floods, earthquakes, fires, and other disasters.

You don’t always need full coverage on your property. Some policies only cover major catastrophes and limit the amount of money you will receive after a disaster. Other policies offer limited protection.

Our real estate attorneys work to help you find affordable property insurance policies. Insurance agents often charge high premiums because they pay commissions on every policy sold. However, our lawyers negotiate lower rates with insurance companies. As a result, you can save money on your monthly payments.

Landlord-Tenant Disputes

A landlord-tenant dispute arises when landlords try to evict tenants. Landlords usually cite failure to pay rent, poor maintenance, or unsafe conditions as reasons why tenants should leave.

Most states have local laws governing how landlords may terminate leases. Tenants also have legal protections under federal housing laws.

If you’re being evicted for failure to pay rent, you might want to consider filing for bankruptcy. Bankruptcy can prevent landlords from evicting you. It can also eliminate any debts that were created during your tenancy.

If you’re facing eviction, talk to a real estate attorney about your options. Our lawyers can help you understand your rights and responsibilities as a tenant. They can also advise you on whether you should fight back or accept a settlement.

Unlawful Detainer

An unlawful detainer action occurs when a landlord tries to force a tenant out of an apartment or house. Unlawful detainer actions arise most frequently when a landlord wants to evict a tenant before the end of a lease term.

In most cases, a landlord must serve a notice on a tenant before they can file an unlawful detainer complaint. However, the landlord can initiate an unlawful detainer lawsuit if the tenant doesn’t vacate the premises within ten days.

In some states, landlords can use unlawful detainer lawsuits to recover unpaid rent. However, this practice is illegal in most states.

If you’re thinking about moving into a rental property, make sure you know what state laws apply to your situation. Then, contact a real estate lawyer to learn more about your rights and obligations as a tenant.

Property Tax Appeals

Taxpayers who disagree with their tax assessments can sometimes appeal those assessments. However, appealing a property tax assessment can be expensive.

Local county assessors’ offices handle appeals. Most counties require taxpayers to pay a fee to appeal a property tax assessment.

Appeals also take time. Local assessors typically wait until all appeals are resolved before issuing final property tax assessments. This process can take months or even years.

Contact a real estate lawyer if you think your property taxes are too high. Our real estate lawyers can help determine if you have grounds for appealing your property tax assessment. They can help you prepare an appeal letter as well.

An appeal letter describes the reasons why you believe your property taxes are too high. It also explains why you think the property appraiser’s valuation is incorrect. Then, finally, it requests a hearing before a board of equalization.

You’ll need to provide proof that your property has increased in value since the last appraisal. You’ll also need to show that the assessed values of other properties in your area haven’t changed. You’ll need to pay any fees associated with your appeal. The cost depends on the type of appeal you file.

Contact a real estate lawyer to discuss your property tax appeal options.

Adverse Possession

Adverse possession occurs when someone takes land without permission from the rightful owner. Adverse possession allows the possessor to claim land ownership even though the true owner did nothing wrong.

A person who claims adverse possession must prove that they knew the true owners’ interest in the land. Actual notice means the person knew about the true owners’ claim to the land.

When an adverse possessor takes land, the actual owner loses their right to the land. However, if the valid owner dies, the property title is most likely transferred to heirs who can control the land.

An experienced real estate attorney at Kelly Legal Group helps people who own land file lawsuits against other people who claim land ownership.

The real estate law requires that a person who files a lawsuit against another person show that they own the land. Therefore, a person cannot file a lawsuit unless they can prove that they own the land in question.

This requirement protects innocent landowners by preventing them from being sued for something they do not own.

Call a Texas Property Lawyer

Real estate law directly affects homeowners, commercial property owners, landlords, and business owners. It also affects developers, lenders, title companies, and government agencies. Therefore, it is essential to hire an attorney who understands these issues plus has a deep knowledge of local law, contract law, and maybe even environmental laws.

An excellent real estate attorney will explain how property rights affect different aspects of your life. They will know what documents are needed to protect your interests and will have the legal resources to fight for your rights. They will also know which steps should be taken to resolve property disputes, possibly even finding an alternative dispute resolution or taking it into litigation.

Property and real estate laws can present complex legal issues. If you face any of these issues, contact a real estate attorney from Kelly Legal Group.

Kelly Legal Group has been helping clients with real estate issues for over a decade. We understand how important it is to protect your rights as a property owner. Our team of lawyers is dedicated to providing high-quality service to each client we represent.

We offer free consultations so that we can learn more about your case and strategize the best approach. Feel free to call us at (512) 505-0053 or fill out this form to schedule an appointment.