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Home / Property Law Lawyers

Property Law Lawyers

  • Conveyancing
  • John
  • 9 June 22
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What property law lawyers do is mainly assist their clients with the buying or selling of real estate. The property law lawyer’s responsibility is to explain the terms to the client before any transactions are done. This is because property law can be difficult to understand without help.

Property law lawyers are obliged to explain the laws to their clients prior to any transactions. This ensures clean transactions while buying or selling property. For example, a property law lawyer’s job is to look into any disagreements over who will inherit property after the owner passes away. Furthermore, they can also look at who owns the ground on which a property is built.

Before deciding whether or not they require the services of property law lawyers, those who are unsure should read this article to gain further understanding of the multiple elements of property law and what property law lawyers do for their clients.

The Definition Of Property

Anything that belongs to someone that is given, bought, or sold to someone else is considered property. A tangible or intangible property might belong to someone in one of two ways. Possession, title, or both can be used to claim the property.

1. Possession

Possession implies that you have physical control over the property. You could be living in it or using it in some way to claim ownership.

2. Title

The owner of the papers for such land or building is referred to as title property. The property owner may have both title and possession in many circumstances, but this is not always the case.

Property is a broad phrase that covers several distinct types of assets, including real estate, personal property, and intellectual property. Real property refers to a land or a structure, such as private or commercial real estate. Personal property is whatever you possess that isn’t real estate. This can include your personal items, stocks, bonds, investments, vehicles, and anything else you own. 

Intellectual property is intangible, and proving ownership usually requires a licensing agreement. Property law lawyers can assist you in determining who is the lawful owner of a property if there is any doubt. Different restrictions may apply to different types of properties. Regulations may also differ from state to state.

property law lawyers

What Property Law Lawyers Do

Purchasing and selling real estate is about more than simply the property. When done correctly, it considers concerns like ownership structure, timing, asset protection, accounting techniques, estate planning, and ensuring that the property transaction helps you achieve your long-term objectives.

Some people benefit from engaging with property law lawyers when selling or giving away real estate. The role of the property law lawyer is to negotiate the sale’s conditions, address any title concerns, and draft the deed. At the closing, property law lawyers should review and clarify any paperwork that the seller is needed to sign.

When a client presents property as a gift to a loved one, the property law lawyer must make sure that his client is the legal owner of the property and that it is his or hers to give away. If a property’s title is unknown, this can help prevent legal implications. Here are key services that property law lawyers provide:

  • Residential and commercial property
  • Retail and commercial leasing
  • Mortgages and loans
  • Off the plan conveyancing
  • Retirement plans
  • Party transfers
  • Easements on a property
  • Caveats

Property law lawyers must first establish that the property is clear of liens and other obstructions that could hinder their clients from becoming the lawful owners of the property. The legal documentation must be drafted after the property research is completed.

Before the purchase can be completed, payment conditions, including taxes and closing charges, must be established. However, the property law lawyer must first secure title insurance for the client before reviewing and signing any paperwork. The client avoids legal complications after purchasing property as a result of these tasks.

What To Ask Property Lawyers

Before considering hiring a property law lawyer, it is important to note what type of property law lawyer best suits your needs. After doing so, you should have a list of questions for them to assist your situation to see what they can suggest. Here are some basic questions to ask to determine whether or not a property lawyer is a good fit for you:

How much experience do you have in property law?

Finding the right property law lawyers for you includes asking them what level of expertise and assistance they can give to you.

Additionally, you can ask them about their education, accreditations, and what were the outcomes of their past cases. This can help set your expectations if they’re the right person for your property needs. 

Can you explain this legal jargon to me?

The majority of clients don’t have the knowledge of legal jargon in property law. Property law lawyers are more than willing to break down these complex words into much simpler terms in order to help their clients understand their case as they go further.

Can I have some assistance in drafting up contracts on my behalf?

Property law heavily consists of contract drafting and numerous documents. When tackling legal matters on property law, it is important to accurately draft up contracts on your behalf. This ensures smooth execution on your requests and conditions.

Property law lawyers are experienced in this field and asking them the dos and don’ts of contract drafting can greatly boost the effectiveness of your legal matters on buying or selling a property.

Efficient property law lawyers will be able to provide you with specific instances of how to deal with certain property management issues. After all, they have handled similar situations in the past.

A qualified property lawyer can assist you in buying or selling a property with current renters, drafting legal documentation to protect you, and negotiating on your behalf. 

property law lawyers

JB Solicitors Property Law Lawyers

Hiring a property lawyer is a good approach to protect oneself in court. JB Solicitors’ conveyancing solicitors can assist you if you are going to court to resolve a dispute, purchasing or selling a home, or need assistance with foreclosure procedures.

Our conveyancing solicitors can not only assist you with your property needs, but we can also represent you in court if necessary. 

Meet with a conveyancing attorney today to discuss your property requirements.

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About the author

John Bui

John has over a decade of experience in family law and commercial litigation which often sees John being called to provide expertise in matters that have an international element involving complex company, trust, partnership and valuation issues. He also advises and appears in matters involving the Hague Convention both at first instance and on appeal.

About the author

William Wang

William is a seasoned litigation lawyer with over 15 years of experience. With his extensive knowledge in litigation across various platforms, including appellant, family litigation, commercial litigation, and judicial review at the migration tribunals and federal courts, William has become a trusted expert in his field.

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