Home and Residential

Boundary Disputes: Trees

Trees protruding onto your property can cause undue stress and arguments between neighbors. The general rule is that if a neighbor's tree is causing actual problems with your property, or interfering with the use of your property, then you have certain rights as to that intrusion.

Property Damage Defense

What happens if someone sues you for causing property damage to their property? The best defense is always to outline each element of the plaintiff's case, and then ask yourself what proof the plaintiff has on each element, and what proof you can introduce or bring to court to disprove the plaintiff's version.

Boundary Disputes: Fences

As a homeowner and landlord, you have an absolute right to your own property. That means no person can intrude on your land without your permission, an easement or common driveway exists, or zoning, or local, state or federal law acquires an interest in your property through eminent domain.

Buying or Selling a House – Problems in the Sale

When buying or selling a house, it is good to be aware of several common problems can arise in any real estate sale.

Buying or Selling a House – Typical Steps Involved

Generally the following steps are involved in a routine real estate transaction:

Buying or Selling a House – Should you have attorney assistance?

Perhaps the most common transaction in the area of real property is the purchase or sale of a residential property. In many states, real estate brokers, title companies, and escrow companies routinely handle purchases of residential property, without the services of a lawyer, in other states, attorneys handle various parts of the transactions.

Landlord/Tenant – Eviction Issues

It is important for tenants to pay attention to the eviction procedures in the agreement and terms. No one wants to be unjustly evicted. Most states have laws that provide certain procedures to ensure that each tenant is accorded due process of law, so that they do not come home and find someone else living in their unit with their belongs on the street.

Landlord/Tenant – Duties

There is a contractual relationship between a landlord and tenant. They each have duties to one another for a lease term to run smoothly.

Landlord Duties:

Landlord/Tenant – Agreements and Terms

Understanding your rights as a landlord or tenant can assist you in avoiding problems should you decide to rent instead of purchase your home. As with other areas of law, state law governing this area in each state will vary. Sometimes even cities have their own Rent Control laws, so it is imperative that you check with your local Plan Attorney before proceeding.

Selling Residences: Income Tax Treatment

Generally, under the Internal Revenue Code, you will be forced to pay taxes on any transaction that involves real estate and produces a gain at the time of the sale. However, if you sell your house, the Internal Revenue Code gives taxpayers a special tax treatment.

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