Real Estate & Property Law Overview
Real Estate & Property Law Resources
Related Resources
- Foreclosure Survival Guide
How to Stop Foreclosure
By Attorney Stephen R. Elias
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 
- United Services Automobile Association et al v. Norcold Incorporated
New Mexico District Court
Tort Product Liability
Filed: April 21, 2009
Plaintiff: United Services Automobile Association, United Services Automobile Association, Peter Van Zandt, Peter Van Zandt Defendant: Norcold Incorporated, Norcold Incorporated
(April 20, 2009) - Rahl v. Kirschner et al
New York Southern District Court
All Other Real Property
Filed: April 21, 2009
Plaintiff: John E. Rahl, The Wallkill Valley Railroad Company (1866) Defendant: Ulster County, State of New York
(April 20, 2009) - UNITED STATES OF AMERICA v. SPITLER
Pennsylvania Eastern District Court
Foreclosure
Filed: April 21, 2009
Plaintiff: UNITED STATES OF AMERICA Defendant: BRIAN J. SPITLER
(April 20, 2009) - UNITED STATES OF AMERICA v. COLEMAN
Pennsylvania Eastern District Court
Foreclosure
Filed: April 21, 2009
Plaintiff: UNITED STATES OF AMERICA Defendant: CHANTE D. COLEMAN
(April 20, 2009) - SunTrust Bank v. Guzman et al
Florida Southern District Court
All Other Real Property
Filed: April 21, 2009
Plaintiff: SunTrust Bank Defendant: Fausto Jesus Guzman, Laura Llaneza, M.J. Sullivan Construction, Inc.
(April 20, 2009)
Legislation
- Bill Enacted: H.R.1105 Omnibus Appropriations Act of 2009
Making omnibus appropriations for the fiscal year ending September 30, 2009, and for other purposes.
March 11, 2009: Became Public Law No: 111-8.
(March 9, 2009) - Bill Introduced: H.R.1426 To amend the Clean Air Act to prohibit the issuance of permits under ...
To amend the Clean Air Act to prohibit the issuance of permits under title V of that Act for certain emissions from agricultural production.
(March 9, 2009) - Bill Introduced: S.536 A bill to amend the Clean Air Act to modify the definition of the term ...
A bill to amend the Clean Air Act to modify the definition of the term "renewable biomass".
(March 3, 2009) - Bill Introduced: S.527 A bill to amend the Clean Air act to prohibit the issuance of permits ...
A bill to amend the Clean Air act to prohibit the issuance of permits under title V of that Act for certain emissions from agricultural production.
(March 3, 2009) - Bill Introduced: S.Res.64 A resolution recognizing the need for the Environmental Protection ...
A resolution recognizing the need for the Environmental Protection Agency to end decades of delay and utilize existing authority under the Resource Conservation and Recovery Act to comprehensively regulate coal combustion waste and the need for the Tennessee Valley Authority to be a national leader in technological innovation, low-cost power, and environmental stewardship.
(March 2, 2009)
Regulations
- Rule - Approval and Promulgation of Air Quality Implementation Plans: Minnesota
Environmental Protection Agency
Rule
Approval and Promulgation of Air Quality Implementation Plans:
Minnesota
,
18634-18638 [E9-9361]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2008-0239; FRL-8896-3] Approval and Promulgation of Air Quality Implementation Plans; Minnesota AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is approving site specific revisions to the Minnesota sulfur dioxide (SO2) State Implementation Plan (SIP) for the Federal Cartridge Company and Hoffman Enclosures, located in the city of Anoka, Anoka County, Minnesota. On March 3, 2008, the Minnesota... [read document]
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(April 23, 2009) - Rule - Approval and Promulgation of Air Quality Implementation Plans: Penoxsulam
Environmental Protection Agency
Rule
Approval and Promulgation of Air Quality Implementation Plans:
Penoxsulam
,
18644-18648 [E9-9441]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2008-0526; FRL-8411-9] Penoxsulam; Pesticide Tolerances AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: This regulation establishes tolerances for residues of penoxsulam in or on almond hulls; grape; nut, tree, group 14; and pistachio. Dow AgroSciences, LLC., requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). DATES: This regulation is effective April 24, 2009. Objections and... [read document]
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(April 23, 2009) - Proposed Rule - Approval and Promulgation of Air Quality Implementation Plans: Minnesota
Environmental Protection Agency
Proposed Rule
Approval and Promulgation of Air Quality Implementation Plans:
Minnesota
,
18667-18668 [E9-9360]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2008-0239; FRL-8896-4] Approval and Promulgation of Air Quality Implementation Plans; Minnesota AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve site-specific revisions to the Minnesota sulfur dioxide (SO2) State Implementation Plan (SIP) for the Federal Cartridge Company and Hoffman Enclosures, located in the city of Anoka, Anoka County, Minnesota. On March 3, 2008, the... [read document]
View Document | Download PDF
(April 23, 2009) - Proposed Rule - Approval and Promulgation of Air Quality Implementation Plans: Wisconsin; ...
Environmental Protection Agency
Proposed Rule
Approval and Promulgation of Air Quality Implementation Plans:
Wisconsin; Finding of Attainment for 1-Hour Ozone for the Milwaukee-Racine, WI Area
,
18668-18669 [E9-9363]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2008-0683; FRL-8895-9] Approval and Promulgation of Air Quality Implementation Plans; Wisconsin; Finding of Attainment for 1-Hour Ozone for the Milwaukee- Racine, WI Area AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve a July 28, 2008, request from the Wisconsin Department of Natural Resources (WDNR) that EPA find that the Milwaukee-Racine, Wisconsin (WI) nonattainment area has... [read document]
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(April 23, 2009) - Rule - Approval and Promulgation of Air Quality Implementation Plans: Wisconsin; Finding of ...
Environmental Protection Agency
Rule
Approval and Promulgation of Air Quality Implementation Plans:
Wisconsin; Finding of Attainment for 1-Hour Ozone for the Milwaukee-Racine, WI Area
,
18641-18644 [E9-9364]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2008-0683; FRL-8895-8] Approval and Promulgation of Air Quality Implementation Plans; Wisconsin; Finding of Attainment for 1-Hour Ozone for the Milwaukee- Racine, WI Area AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is approving a July 28, 2008, request from the Wisconsin Department of Natural Resources (WDNR) that EPA find that the Milwaukee-Racine, Wisconsin (WI) nonattainment area has... [read document]
View Document | Download PDF
(April 23, 2009)
Government
- Notice - Environmental Impact Statements; Availability, etc.: Weekly Receipt
Environmental Protection Agency
Notice
Environmental Impact Statements; Availability, etc.:
Weekly Receipt
,
18705-18706 [E9-9442]
ENVIRONMENTAL PROTECTION AGENCY [ER-FRL8592-6] Environmental Impacts Statements; Notice of Availability Responsible Agency: Office of Federal Activities, General Information (202) 564-1399 or http://www.epa.gov/compliance/nepa/. Weekly receipt of Environmental Impact Statements. Filed 04/13/2009 through 04/17/2009. Pursuant to 40 CFR 1506.9. EIS No. 20090117, Draft EIS, COE, FL, C-111 Spreader Canal Western Project, To Restore Ecosystem Function in Taylor Slough and Florida Bay Areas, Central... [read document]
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(April 23, 2009) - Notice - HUD Held Multifamily and Healthcare Loan Sale (MHLS 2009-2)
Department of Housing and Urban Development
Notice
HUD Held Multifamily and Healthcare Loan Sale (MHLS 2009-2)
,
18738-18739 [E9-9465]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5293-N-02] Notice of HUD-Held Multifamily and Healthcare Loan Sale (MHLS 2009-2) AGENCY: Office of the Assistant Secretary for Housing--Federal Housing Commissioner, HUD. ACTION: Notice of sale of mortgage loans. SUMMARY: This notice announces HUD's intention to sell certain unsubsidized multifamily and healthcare mortgage loans, without Federal Housing Administration (FHA) insurance, in a competitive, sealed bid sale (MHLS 2009-2).... [read document]
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(April 23, 2009) - Notice - Environmental Impact Statements; Availability, etc.: Comments Availability
Environmental Protection Agency
Notice
Environmental Impact Statements; Availability, etc.:
Comments Availability
,
18704-18705 [E9-9444]
ENVIRONMENTAL PROTECTION AGENCY [ER-FRL8592-7] 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 202-564-7146. An explanation of the ratings assigned to draft environmental... [read document]
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(April 23, 2009) - Notice - Environmental Impact Statements; Availability, etc. ...
Environmental Protection Agency
Notice
Environmental Impact Statements; Availability, etc.:
Maine Marine Sanitation Device Standard
,
18706-18707 [E9-9439]
ENVIRONMENTAL PROTECTION AGENCY [EPA-New England Region I--EPA-R01-OW-2009-00103; FRL-8896-8] Maine Marine Sanitation Device Standard--Receipt of Petition AGENCY: Environmental Protection Agency (EPA). ACTION: Notice--Receipt of Petition. SUMMARY: Notice is hereby given that a petition has been received from the state of Maine requesting a determination by the Regional Administrator, U.S. Environmental Protection Agency, that adequate facilities for the safe and sanitary removal and treatment... [read document]
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(April 23, 2009) - Notice - Federal Property Suitable as Facilities to Assist the Homeless
Department of Housing and Urban Development
Notice
Federal Property Suitable as Facilities to Assist the Homeless
,
18738 [E9-9177]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5280-N-15] Federal Property Suitable as Facilities To Assist the Homeless AGENCY: Office of the Assistant Secretary for Community Planning and Development, HUD. ACTION: Notice. SUMMARY: This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless. DATES: Effective Date: April 24, 2009. FOR FURTHER INFORMATION CONTACT: Kathy Ezzell,... [read document]
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(April 23, 2009)
Articles
- Is Growth Share Working for New Jersey?
New York University Journal of Legislation and Public Policy, Forthcoming Daniel Meyler New York University - School of Law Date Posted: April 16, 2009 Last Revised: April 24, 2009
(April 23, 2009) - What Criminality Can Be Committed in the Area of Design Intellectual Property?
Criminal Law News, pp. 4-12, October 2008 Sally Ramage International Network for the Promotion of the Rule of Law Date Posted: April 24, 2009 Last Revised: April 24, 2009
(April 23, 2009) - Fraudulent Trading
'THE CRIMINAL LAW' JOURNAL, Tottel Publishing, United Kingdom, pp. 1-4, March 2009 Sally Ramage International Network for the Promotion of the Rule of Law Date Posted: April 24, 2009 Last Revised: April 24, 2009
(April 23, 2009) - Trade Secret Law and the Computer Fraud and Abuse Act: Two Problems and Two Solutions
Journal of Law, Technology & Policy, Forthcoming Kyle Wesley Brenton University of Minnesota - Twin Cities - School of Law Date Posted: April 24, 2009 Last Revised: April 24, 2009
(April 23, 2009) - UK Female Genital Mutilation Act 2003
Sally Ramage International Network for the Promotion of the Rule of Law Date Posted: April 24, 2009 Last Revised: April 24, 2009
(April 23, 2009)
News
- Neighbors sue over Towson school plan
Baltimore Sun, United States
Stuart D. Kaplow, a real estate attorney in Towson, said that when a local government advances funding for school construction, as the county plans to do, "the project almost in all instances proceeds." "In most instances, the state's concern is that ...
(April 23, 2009)
Examiner.com
Feds Sue City Over Zoning For Treatment Centers
WBAL Radio, MD
In a department news release, Loretta King, Acting Assistant Attorney General for the Civil Rights Division said, “Persons with disabilities must not be subject to different, and more burdensome, zoning standards because of unfounded stereotypes. ...
Justice Department Files Lawsuit Alleging Disability ... PR Newswire (press release)
all 16 news articles
(April 23, 2009)
MyFox Philadelphia
TH Properties execs are optimistic
Philadelphia Inquirer, PA
Simpson, Mitchell, and others already in their houses are likely better off than the Clancys, said Kevin A. Palmer, a real estate lawyer with Butera, Beausang, Cohen & Brennan PC, of King of Prussia. "Even if their lawns aren't seeded or mowed, ...
TH Properties, major home builder, suddenly shuts doors Allentown Morning Call
all 55 news articles
(April 23, 2009)- Neighbor's shop may have waiver
AZ Central.com, AZ
You should contact an attorney to determine your rights. Christopher Combs is a real-estate attorney with Combs Law Group, PC Contact Christopher Combs at azrep@combslawgroup.com with the subject line Real Estate Q&A. Consult a legal or tax adviser ...
(April 23, 2009)
Ozarks First
SHOCKER: Nixon campaign got rich off inaugural festivities
Kansas City Star, MO
... real estate, $2500 Cecelia Baty, Overland Park, Kan., attorney, $2500 Commercial Woodworking & Contracting Inc., St. Louis, $2500 Barry Aycock, Parma, consultant, $2500 Pipefitters Voluntary Political Fund, St. Louis, $2500 Shafer Law Office LC, ...
Nixon announces state energy conservation plan UM Maneater
all 29 news articles
(April 23, 2009)
Blog Posts
- DC's Green Bond: The Worst Case Scenario
On Wednesday, we looked at the best case scenario that can result from the D.C. Green Building Act "performance bond" requirement. We assumed that the green building "performance bond" was created. The scenario was not pretty and involved extensive LEEDigationâ„¢ . Today we look at the worst case scenario. Imagine no new construction projects in D.C. Imagine an emergency meeting with Mayor Fenty, Councilmember Cheh, major developers and the Surety and Fidelity Association of America and the...
(April 23, 2009) - Can you foreclose Mechanic’s liens in Small Claims Court?
In Utah, you can only recover money in small claims Court, see 78A-8-102(1)(a); whereas a mechanics' lien is in essence a suit to determine an interest in real property, it is prohibited. 78B-3-301 provides ML foreclosure must be in the county where the property resides and 78A-8-102. Small claims -- Defined (1) A small claims action is a civil action: (a) for the recovery of money A lien foreclosure action is an action to order the sale of property and determine the priority of claimants...
(April 23, 2009) - Florida Senator Urges Governor to Create Chinese Drywall Task Force
In addition to Florida Congressman, Robert Wexler, introducing legislation establishing an immediate study and federal ban on dangerous Chinese drywall, Florida Senator Dave Aronberg is now asking Governor Crist to create a Chinese Drywall Task Force. The Task Force would consist of scientists, builders, contractors, health experts, and consumer advocates who would work to make recommendations for removing and replacing the defective drywall. The Task Force would also be responsible for...
(April 23, 2009) - Fannie Mae Rules Push Out Condo Buyers
There was an article in last week's Stranger reporting that new Fannie Mae regulations established in March have blocked condominium developers from closing unit sales if the developer has sold fewer than 70 percent of the units in a building. Many of the large condo towers currently being built in Seattle and Portland are below the 70-percent threshold; consequently, hundreds of buyers who've already put down deposits may have to live elsewhere even after the buildings are completed. These...
(April 22, 2009) - MEET A SERVANT OF JUSTICE
On Thursday, May 14, 2009, at 6:00 PM, The Legal Aid Society is holding its 32nd Annual "Servant of Justice Awards Dinner." The evening's honorees are Theodore A. Levine (President, The Legal Aid Society) and Kenneth Cole. Here's a copy of the event invite:
(April 22, 2009)