The Basics of Real Estate Law

Real estate law governs the rights of ownership to land and structures on it. It also determines how property can be used, whether it is residential, commercial or industrial.

Real estate laws include zoning rules and how much property taxes a homeowner must pay. It also covers foreclosures and how property 스토킹전문변호사 can be transferred between parties.

Buying or Selling a Home

If you are planning to buy or sell real estate, it is important for you to understand the basic rules of property law. These laws dictate how land and the structures built on it can be used, who can use them and when. Without these laws, it would be difficult to establish who owns what property and how it can be transferred between owners.

Many real estate transactions require a lawyer. In fact, it is customary to work with both a real estate agent and an attorney when buying or selling a home in New York. Your real estate agent can assist you in marketing and negotiating the sale, while your attorney prepares the contract of sale, negotiates any issues that may arise in preparing the agreement and schedules the closing.

Aside from residential real estate, real property laws also affect commercial transactions such as leasing space in a building or on a piece of land to a tenant for a business. The laws dictate landlord and tenant agreements, lease forms and eviction rules.

Landlord and Tenant Law

Landlord and tenant law is an important aspect of real estate law. It determines who can use a piece of land and how they can use it. This area of law includes determining the terms of a rental agreement, eviction procedures and other important details.

A person may lease a parcel of real property (including all buildings, fixtures and personalty thereon) for any term that he or she chooses, subject to laws governing the rate of rent. Generally, a landlord may not discriminate against a tenant based on race, age, religion, disability, marital status, sexual orientation, occupation or source of income.

If a tenant fraudulently removes any personal property from the demised premises with the intention of depriving the owner of the benefit thereof, it is lawful for the owner to seize and sell such property, subject to the same procedure as would be followed in an action of distress. A tenant may not be required to pay rent exclusively by electronic payment method unless it is specifically authorized by the owner in writing.


Real estate law regulates where and what kind of buildings can be constructed on land. It also determines building codes that new construction must meet and it dictates how property taxes are collected and distributed.

For example, a developer may have plans to build an office building or a shopping mall on a parcel of land. However, zoning regulations may prevent that from happening, or there might be covenants on the land that prohibit those kinds of uses. If a conflict arises between contractual obligations and governmental regulations, it’s important that a lawyer be involved to decide which rules should prevail.

The experienced Bergen County and New York City real estate attorneys at Fischer Porter & Thomas handle a wide variety of commercial, residential and land-related legal matters. Whether you’re a real estate investor, contractor or lender, our lawyers provide the legal advice and representation you need to successfully close any deal. Contact us today to schedule a consultation. We have offices in Bergen County, New York City and throughout northern and central New Jersey.


The law pertaining to property finance covers mortgages and how they are used to purchase land or buildings. It also governs the construction of structures on property and determines how land can be used according to zoning laws. Real estate and real property lawyers often deal with disputes about who owns a piece of land or how it is divided between multiple owners.

Commercial real estate attorneys often deal with a variety of different industries and businesses and must be able to negotiate contracts and deal with complex issues. They also must be able to help their clients navigate local and national laws regarding how real estate is purchased and sold.

In addition to negotiating real estate transactions, commercial property attorneys must stay abreast of changing local and national laws pertaining to mortgage lending. The law governing commercial real estate is complex and changes rapidly. Having a good legal practice management system like Smokeball can help real estate and property attorneys stay ahead of the curve. To learn more, request a free demo of Smokeball today.

Title and Boundary Disputes

Property lines determine what each owner has the right to do and where each can build, modify or remove anything. When disagreements arise concerning property line disputes, an attorney should be consulted immediately.

Often times, these disputes occur when one or both neighbors construct something on their land that encroaches or overlaps the legal boundary line of the other’s property. This could be a driveway, fence, access point or other structure.

If a neighbor is constructing an improvement that is in or over your property’s boundaries, it may be possible to resolve the dispute through collaboration and/or mediation. However, if this is not successful, it may be necessary to file a lawsuit in order to protect your rights.

If you have questions or concerns regarding real estate law, it is important to consult with an experienced New York lawyer as soon as possible. The attorneys at Shapiro Gettinger Waldinger have extensive experience in both residential and commercial real estate transactions, boundary line disputes, construction law, condominium and homeowner association issues and more. To learn more about how our firm can help you, contact us online or by telephone.