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 
- Shulman v. Mill Lofts, LLC
Florida Southern District Court
All Other Real Property
Filed: May 9, 2008
Plaintiff: Michael Shulman Defendant: Mill Lofts, LLC
(May 8, 2008) - United States of America v. Lykins et al
Kentucky Eastern District Court
Foreclosure
Filed: May 9, 2008
Plaintiff: United States of America; Defendant: Randy G. Lykins, Dawane Hyrne Lykins
(May 8, 2008) - Deutsche Bank National Trust Company v. Roman et al
Pennsylvania Middle District Court
Foreclosure
Filed: May 9, 2008
Plaintiff: Deutsche Bank National Trust Company; Defendant: Joann Roman, Marvin O. Leonard
(May 8, 2008) - DUDLEY et al v. MERCK & CO INC et al
New Jersey District Court
Tort Product Liability
Filed: May 9, 2008
Plaintiff: JOHN P. DUDLEY; Defendant: MERCK & CO INC, SCHERING-PLOUGH CORP, MSP SINGAPORT COMPANY LLC
(May 8, 2008) - 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)
Legislation
- Bill Enacted: 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 08, 2008: Became Public Law No: 110-229.
(May 6, 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 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: H.R.5902 GREEN Act
To enhance environmental justice education in middle and high schools that serve disadvantaged students.
(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
- Putting Ethics into Environmental Law: Fiduciary Duties for Ethical Investment
Benjamin J. Richardson York University - Osgoode Hall Law School Date Posted: May 1, 2008 Last Revised: May 11, 2008
(May 10, 2008) - A Public Health Perspective on Sea-Level Rise: Starting Points for Climate Change Adaptation
FSU College of Law, Public Law Research Paper No. 307, Widener Law Review, Vol. 15, No. 2, 2009 Robin Kundis Craig Florida State University - College of Law Date Posted: April 15, 2008 Last Revised: May 11, 2008
(May 10, 2008) - Agriculture and Ecosystem Services: Strategies for State and Local Governments
NYU Environmental Law Journal, Forthcoming, FSU College of Law, Public Law Research Paper No. 308 J.B. Ruhl Florida State University College of Law Date Posted: May 10, 2008 Last Revised: May 10, 2008
(May 9, 2008) - Climate Change: The China Problem
Southern California Law Review, Vol. 81, 2008, Vanderbilt Public Law Research Paper No. 08-09, Vanderbilt Law and Economics Research Paper No. 08-15 Michael P. Vandenbergh Vanderbilt University - School of Law Date Posted: April 30, 2008 Last Revised: May 9, 2008
(May 8, 2008) - The Two China Problem
Daniel Abebe and Jonathan S. Masur University of Chicago Law School and University of Chicago Law School Date Posted: April 30, 2008 Last Revised: May 9, 2008
(May 8, 2008)
News
- SF Tenants to Testify against CitiApartments at Board of ...
Bay Area Indymedia, CA - 1 hour ago
by Robert Haaland CitiApartment Tenants, CitiSTOP members, and elected officials will testify at a hearing at Board of Supervisors’ Land Use Committee in ...
(May 10, 2008) - Kiev threatened by shadowy construction
Los Angeles Times, CA - 31 minutes ago
"We are witnessing the murder of a 1000-year-old city," said Maryna Solovjova, a lawyer who has fought to halt construction in the midst of a ...
(May 10, 2008) - Massachusetts Real Estate Law Office Gives Back to the Community
PR Web (press release), WA - 18 hours ago
Real Estate Attorney David Rocheford wanted to find a way to give back to the community that has served him for the last seven years. ...
(May 10, 2008) - John Ahlers Inducted into Cambridge Who's Who for Excellence in Law
24-7PressRelease.com (press release) - 18 hours ago
Mr. Ahlers has 26 years of experience in construction law. He is a founding partner of Ahlers & Cressman, PLLC. Mr. Ahlers is considered to be an expert in ...
(May 10, 2008) - Coolidge project foe plans next round
Boston Globe, United States - 19 hours ago
Trilogy lawyer Laura Stock Craven argued to the Zoning Board of Appeals that even if the auditorium is designated for tenant-use only, the parking does not ...
(May 9, 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) - ETHICS
After espousing good old fashioned values in a previous posting (see Loyalty), I was quite embarrased when a senior colleague (correctly) put me in my place this morning. I had referred to the woes that another law firm is currently experiencing and identified their misery as a possible opportunity for our firm. I would submit that I correctly identified an opportunity but that (as the senior colleague pointed out) it was in bad taste for me to point out such frailties to a potential client in...
(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) - 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) - A redesign for Cyberhomes.com; still a mountain of data
Way back last Nov. 28, I spoke with the general manager of Cyberhomes, Marty Frame, as he told me all the cool things there were to know about Cyberhomes.com. The site, which includes home valuations and for-sale listings and generally tons of property data, is operated by title insurance giant Fidelity National Financial. "It's basically a mountain of information we have," Frame told me at the time (yes, I found my notes -- my desk only looks unorganized), because the site draws on Fidelity's...
(May 7, 2008)