Real Estate & Property Law Overview
Real Estate & Property Law Resources
Related Practice Areas
Real estate refers to land, as well as anything permanently attached to the land, such as buildings and other structures. Both federal and state laws regulate real estate transactions. For example, 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. The Supreme Court case of Meyer v. Holley, 537 U.S. 280 (2002), illustrates how a real estate company can be held liable for violating the Federal Fair Housing Act. States also have unique real estate laws which apply only to their jurisdiction.
Contract law governs the sale of real estate. Thus the Statute of Frauds (Uniform Commercial Code § 2-201), a principle of contract law, dictates that real estate transactions be in writing. Furthermore, since real estate transactions involve the sale of land, real property law also influences real estate law. For instance, the seller of property must show that that the title he or she is offering is marketable. Thus, the seller must prove that he or she owns title to the property and that no third party has an undisclosed interest in the property. However, real property is not synonymous with real estate. Real property only refers to land, while real estate also includes structures on the land.
Show Extended SummaryDockets 
- USA v. Stacy et al
Kentucky Eastern District Court
Foreclosure
Filed: May 8, 2008
Plaintiff: USA; Defendant: Robert Stacy, Linda Stacy, Margaret Coffey, Daniel Coffey, The Unknown Heirs and Spouses of Heirs of Ola Stacy, Deceased and others...
(May 7, 2008) - Anderson-Tully Company v. McDaniel
Arkansas Eastern District Court
All Other Real Property
Filed: May 8, 2008
Plaintiff: Anderson-Tully Company; Defendant: Dustin McDaniel
(May 7, 2008) - USA v. Taylor et al
Kentucky Eastern District Court
Foreclosure
Filed: May 8, 2008
Plaintiff: USA; Defendant: Alice P. Taylor, Unknown Spouse Alice P. Taylor, Kentucky Employees Credit Union
(May 7, 2008) - United States of America v. Cofman et al
Florida Southern District Court
Foreclosure
Filed: May 8, 2008
Plaintiff: United States of America Defendant: Charlotte Cofman, Edward P. Phillips, Johnathan White, Richard Dickstein, Hamlet Residents Association, Inc. and others...
(May 7, 2008) - WELLS FARGO BANK, N.A. v. JOHNSON et al
Indiana Southern District Court
Foreclosure
Filed: May 8, 2008
Plaintiff: WELLS FARGO BANK, N.A. Defendant: DARYL E. JOHNSON, NORMA M. JOHNSON, OAKLAND HILLS NEIGHBORHOOD ASSOCIATION, INC., US SMALL BUSINESS ADMINISTRATION, LYNX CAPITAL CORPORATION and others...
(May 7, 2008)
Legislation
- Bill Sent To President: S.2739 Consolidated Natural Resources Act of 2008
A bill to authorize certain programs and activities in the Department of the Interior, the Forest Service, and the Department of Energy, to implement further the Act approving the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, to amend the Compact of Free Association Amendments Act of 2003, and for other purposes.
May 01, 2008: Presented to President.
(April 29, 2008) - Bill Introduced: S.Res.535 A resolution recognizing April 28, 2008, as "National ...
A resolution recognizing April 28, 2008, as "National Healthy Schools Day".
(April 26, 2008) - Bill Introduced: H.R.5902 GREEN Act
To enhance environmental justice education in middle and high schools that serve disadvantaged students.
(April 22, 2008) - Bill Enacted: S.1858 Newborn Screening Saves Lives Act of 2007
A bill to amend the Public Health Service Act to establish grant programs to provide for education and outreach on newborn screening and coordinated followup care once newborn screening has been conducted, to reauthorize programs under part A of title XI of such Act, and for other purposes.
April 24, 2008: Became Public Law No: 110-204.
(April 22, 2008) - Bill Introduced: S.Res.529 A resolution commemorating the 110th anniversary of the founding of ...
A resolution commemorating the 110th anniversary of the founding of the Greater Philadelphia Association of Realtors.
(April 21, 2008)
Regulations
- Rule - Control of Hazardous Air Pollutants from Mobile Sources: Early Credit Technology ...
Environmental Protection Agency
Rule
Control of Hazardous Air Pollutants from Mobile Sources:
Early Credit Technology Requirement Revision,
26325 [E8-10404]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 80 [EPA-HQ-2005-0036; FRL-8564-3] RIN 2060-AO89 Control of Hazardous Air Pollutants From Mobile Sources: Early Credit Technology Requirement Revision AGENCY: Environmental Protection Agency (EPA). ACTION: Withdrawal of Direct Final Rule. SUMMARY: Because EPA received significant adverse comment, we are withdrawing the direct final rule for revising the February 26, 2007 mobile source air toxics rule's requirements that specify the benzene control... [read document]
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(May 8, 2008) - Proposed Rule - Revisions to the California State Implementation Plan
Environmental Protection Agency
Proposed Rule
Revisions to the California State Implementation Plan,
26355-26357 [E8-10405]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2008-0237; FRL-8564-2] Revisions to the California State Implementation Plan AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve revisions to the Ventura County Air Pollution Control District (VCAPCD) portion of the California State Implementation Plan (SIP). These revisions concern oxides of nitrogen (NOX) emissions from stationary internal combustion engines. We are approving a... [read document]
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(May 8, 2008) - Proposed Rule - Approval and Promulgation of State Implementation Plans: States of South Dakota ...
Environmental Protection Agency
Proposed Rule
Approval and Promulgation of State Implementation Plans:
States of South Dakota and Wyoming; Interstate Transport of Pollution,
26059 [E8-10100]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2007-0648; FRL-8563-5] Approval and Promulgation of State Implementation Plans; States of South Dakota and Wyoming; Interstate Transport of Pollution AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve State Implementation Plans (SIPs) submitted by the States of South Dakota and Wyoming that address interstate transport with respect to the 1997 8-hour ozone and fine particulate... [read document]
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(May 7, 2008) - Rule - National Priorities List
Environmental Protection Agency
Rule
National Priorities List,
26025-26026 [E8-10316]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [FRL-8564-1] National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List AGENCY: Environmental Protection Agency. ACTION: Notice of Deletion for the Tabernacle Drum Dump Superfund Site from the National Priorities List. SUMMARY: The U.S. Environmental Protection Agency (EPA) Region 2 Office announces the deletion of the Tabernacle Drum Dump Superfund Site from the National Priorities List (NPL). The Tabernacle Drum... [read document]
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(May 7, 2008) - Rule - Approval and Promulgation of State Implementation Plans: States of South Dakota and ...
Environmental Protection Agency
Rule
Approval and Promulgation of State Implementation Plans:
States of South Dakota and Wyoming; Interstate Transport of Pollution,
26019-26025 [E8-10103]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2007-0648; FRL-8563-6] Approval and Promulgation of State Implementation Plans; States of South Dakota and Wyoming; Interstate Transport of Pollution AGENCY: Environmental Protection Agency (EPA). ACTION: Direct Final Rule. SUMMARY: EPA is taking direct final action to approve State Implementation Plans (SIPs) submitted by the States of South Dakota and Wyoming that address interstate transport with respect to the 1997 8- hour ozone... [read document]
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(May 7, 2008)
Government
- Notice - Environmental Impacts Statements; Weekly Receipt
Environmental Protection Agency
Notice
Environmental Impacts Statements; Weekly Receipt,
26394-26395 [E8-10402]
ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-6698-6] Environmental Impact Statements; Notice of Availability Responsible Agency: Office of Federal Activities, General Information (202) 564-7167 or http://www.epa.gov/compliance/neap/. Weekly Receipt of Environmental Impact Statements Filed 04/28/2008 Through 05/02/2008 Pursuant to 40 CFR 1506.9. EIS No. 20080166, Revised Draft EIS, AFS, WI, Cayuga Project, New Information Regarding American Marten, Regional Forester Sensitive Species (RFSS), Changed... [read document]
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(May 8, 2008) - Notice - Environmental Impact Statements and Regulations; Availability of EPA Comments
Environmental Protection Agency
Notice
Environmental Impact Statements and Regulations; Availability of EPA Comments,
26392-26394 [E8-10401]
ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-6698-7] Environmental Impact Statements and Regulations; Availability of EPA Comments Availability of EPA comments prepared pursuant to the Environmental Review Process (ERP), under section 309 of the Clean Air Act and Section 102(2)(c) of the National Environmental Policy Act as amended. Requests for copies of EPA comments can be directed to the Office of Federal Activities at 202-564-7167. An explanation of the ratings assigned to draft environmental... [read document]
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(May 8, 2008) - Notice - Agency Information Collection Activities; Proposals, Submissions, and Approvals
Department of Housing and Urban Development
Notice
Agency Information Collection Activities; Proposals, Submissions, and Approvals,
26135 [E8-10333]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5187-N-29] Section 5(h) Homeownership Program for Public Housing: Submission of Plan and Reporting AGENCY: Office of the Chief Information Officer, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. Public... [read document]
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(May 7, 2008) - Notice - Proposed CERCLA Administrative Cashout Settlement: Elite Laundry Superfund Site; ...
Environmental Protection Agency
Notice
Proposed CERCLA Administrative Cashout Settlement:
Elite Laundry Superfund Site; Jaffrey, NH,
26111-26112 [E8-10310]
ENVIRONMENTAL PROTECTION AGENCY [FRL-8535-7] Proposed CERCLA Administrative Cashout Settlement; Elite Laundry Superfund Site, Jaffrey, NH AGENCY: Environmental Protection Agency. ACTION: Notice; request for public comment. SUMMARY: In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement for recovery of past and projected future... [read document]
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(May 7, 2008) - Notice - Privacy Act; Systems of Records
Federal Housing Enterprise Oversight Office
Notice
Privacy Act; Systems of Records,
26136-26138 [E8-10254]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Office of Federal Housing Enterprise Oversight Privacy Act of 1974, as Amended; New System of Records AGENCY: Office of Federal Housing Enterprise Oversight, HUD. ACTION: Notice of New System of Records. SUMMARY: In accordance with the Privacy Act of 1974, as amended, 5 U.S.C. 552a (Privacy Act), the Office of Federal Housing Enterprise Oversight (OFHEO) is issuing public notice of its intent to establish a new Privacy Act system of records. The new... [read document]
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(May 7, 2008)
Articles
- A Public Health Perspective on Sea-Level Rise: Starting Points for Climate Change Adaptation
FSU College of Law, Public Law Research Paper No. 307 Robin Kundis Craig Florida State University - College of Law Date Posted: April 15, 2008 Last Revised: May 9, 2008
(May 8, 2008) - Taking the Principle of Just Compensation Abroad: Private Property Rights, National ...
University of Cincinnati Law Review, Vol. 65, p. 539, 1997 Royal C. Gardner Stetson University - College of Law Date Posted: May 8, 2008 Last Revised: May 8, 2008
(May 7, 2008) - An Assessment of Carbon Capture and Storage Under EC Competition Law
Hans Vedder University of Groningen Date Posted: May 8, 2008 Last Revised: May 8, 2008
(May 7, 2008) - Massachusetts v EPA: Escaping the Common Law's Growing Shadow
Supreme Court Review, pp. 111-160, 2007, U of Maryland Legal Studies Research Paper No. 2008-22 Robert V. Percival University of Maryland - School of Law Date Posted: May 6, 2008 Last Revised: May 8, 2008
(May 7, 2008) - Indigenous and Local Peoples and Resource Development: International Comparisons of Law, Policy ...
Journal of Energy & Natural Resources Law, Vol. 26, No. 1, pp. 1-173, 2008 Lee C. Godden , Marcia Langton , Odette Mazel and Maureen Tehan University of Melbourne - Law School , University of Melbourne - Faculty of Arts , University of Melbourne - School of Population Health and University of Melbourne - Law School Date Posted: May 7, 2008 Last Revised: May 7, 2008
(May 6, 2008)
News
- A Clear-Cut Case (Construction Law Update
Mondaq News Alerts (subscription), UK - 1 hour ago
Glazing contractors Southern Glass Services (SGS) have been successful in what is being hailed by some as a "landmark case" in the construction industry. ...
(May 8, 2008) - Beaver County: New law put to the test by developer
Salt Lake Tribune, United States - 6 hours ago
By Cathy McKitrick A law that took effect Monday - a law the state Attorney General's Office believes could be unconstitutional - is being used as a ...
(May 7, 2008) - Pace Announces Graduate Degree In Real Estate Law
Westchester.com, NY - 9 hours ago
The Land Use Law Center is a national leader in training the local land use leaders who decide where development goes, the shape it takes, and its impact on ...
(May 7, 2008) - Experts urge city to set zoning bylaw
Jakarta Post, Indonesia - 10 hours ago
She said the administration should also establish incentives and punishments to enforce the law. "For example, the administration could give a tax cut as an ...
(May 7, 2008) - Zoning board not happy with Wawa's request for delay
Brick Township Bulletin, United States - 13 hours ago
State land-use law requires a zoning board to arrive at a decision 120 days after the application is presented, Fitzsimmons said. "If you don't, ...
(May 7, 2008)
Blog Posts
- County Auditor Offices in Ohio
In our periodic review of useful resources on the Internet, one site we wanted to bring to everyone's attention is the web site for the County Auditors' Association of Ohio (CAAO). The CAAO represents the interests of Ohio's 88 County Auditors. From their web site you can access a directory of the County Auditor offices for all 88 counties. Select the link for the county you need, and you will find the address, and other contact information, including an email address and web site address, if...
(May 7, 2008) - Will billboards destroy Vermont?
A handful of states, including Vermont, have long banned the placement of billboards along the state's roads. But in an effort to protect a cute painted barn mural with a 1940s-looking car on it that says, "See Bellows Falls, Vermont"...
(May 7, 2008) - Maintaining Control During a Home Renovation Project
Perhaps the hardest part of dealing with a home renovation project for a homeowner is giving up control of his home. The homeowner has to really have faith in the contractor because she is turning her life upside down and allowing someone else to control her environment. The contractor is automatically in conflict with the homeowner, because he is trying to maintain control of the project while the homeowner is "interfering" in the process. The interference isn't necessarily a bad thing,...
(May 7, 2008) - COLOR ME, GUILTY!
In People v. Conyers, Darren Conyers was convicted of criminal possession of a controlled substance in the third and fourth degrees and was sentenced to a term of 6-12 years because he was a second-felony offender Conyers was observed by an officer removing bags of drugs from a paint can and exchanging them for money. At no point did any other person approach the can and attempt to distribute the drugs. (In all, 48 bags of drugs were found inside the container.) The Bronx County Supreme Court...
(May 7, 2008) - IN THE BEGINNING ....
In Jimenez v. Brenillee Corp., Jesseo Realty wanted to get involved in a lawsuit after it acquired property which was subject to a judgment held by Genesis Jimenez. Jesseo sought to vacate the judgment for "lack of jurisdiction" on the grounds that its predecessor -- Brenillee Corp. -- had not appeared by counsel (as required by New York State law -- CPLR 321(a)). When the Bronx County Supreme Court denied Jesseo's request, an appeal to the Appellate Division, First Department, followed. While...
(May 7, 2008)