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Category Archive for: ‘Real Estate’

Tenant Rights and Responsibilities

Due to the nature of landlord-tenant relationships, it is not surprising that they can often become contentious. To prevent or address problems between landlords and their tenants, the federal government and many states have enacted laws which provide housing regulations. For example, the federal Fair Housing Act governs many rental situations. Also, the National Conference of Commissioners on Uniform State …

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Setting Property Boundaries with a Survey, Quitclaim Deed or Lawsuit to “Quiet Title”

In many cases, adjoining property owners are uncertain as to where boundary lines actually run. Even when land deeds contain legal descriptions of the property named therein, the difficulty of discerning ambiguous descriptions and discrepancies in interpretation can often generate disputes between landowners. However, when one or both landowners want to sell their property or build a fence or structure …

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ILSFDA Protects Individuals from Land Sale Scams

Prompted by an increase in land sale scams in the 1960’s, Congress passed the Interstate Land Sales Full Disclosure Act (ILSFDA) in 1968. Administered by the Federal Department of Housing and Urban Development (HUD), the ILSFDA regulates transactions involving the sale or lease of undeveloped land through the U.S. Mail system or through any advertisements in interstate commerce. Some states …

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Considering the Amount of a Debtor’s Mortgages in Relation to the Homestead Exemption

In states that provide a homestead exemption for debtors who have filed or are contemplating filing for bankruptcy, a debtor’s personal residence will be shielded to some extent from the reach of creditors seeking payment, to allow the debtor to keep her home. In the few states that offer an unlimited homestead exemption, creditors will not be able to seek …

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The Effects of Restrictive Covenants on Land Use

Zoning laws and ordinances are the chief method that local governments employ to regulate the use and development of property.  Similar results can also be achieved by private persons or entities through the use of “restrictive covenants” sometimes called “covenants, conditions and restrictions” or “CC&R’s.” Restrictive Covenants A covenant is basically an agreement or promise.  As it applies to property, …

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