During a real estate transaction, it is important for there to be a clean title. Certain title defects can require clearing prior to that transaction, perhaps extending the amount of time it takes before things are finalized. This is even true during eminent domain...
Real Estate Law
Litigating earnest money disputes after a canceled closing
There are numerous common reasons that real estate closings fall apart at the last minute. Typically, buyers have an obligation to follow through with their offers and purchase real property unless certain circumstances justify canceling a closing. Even then, there...
When a seller withholds information about property defects
Numerous property inspections typically occur before a real estate closing. Buyers usually look over listing photographs or online tour materials before scheduling a showing or attending an open house. They look carefully at the property’s condition while viewing it...
Using litigation to end joint real property ownership
Real estate litigation allows people to address disputes with their neighbors or issues with a recent real estate transaction. Lawsuits related to real property can also help address ownership challenges, ranging from inaccurate title records to disputes with...
Taking legal action to resolve a neighbor’s boundary violations
The boundary between two parcels of real estate determines who is responsible for maintenance. It also influences the value of each parcel. Every square foot of land can be quite valuable, especially in high-demand neighborhoods. Typically, neighbors respect the...
Can zoning issues prevent a store from opening in Tennessee?
Zoning laws regulate the use of land in various areas. In Tennessee, every city and county sets its zoning regulations. These rules help manage growth, traffic, safety, and land use. For anyone planning to open a store, zoning is one of the first things to check. What...
What property owners need to know about adverse possession
Part of living in a civilized society is getting along with the people around you. Being friendly with your neighbors makes for a more pleasant community, and if they sometimes have their stuff slightly over the property line, that’s okay too. If that scenario sounds...
What type of property can be marked for condemnation?
Condemnation is the legal process that allows a government or authorized private entity to take private property for public use. In some cases, the government seeks to acquire land for infrastructure. In others, it may declare a building unsafe due to structural...
What, exactly, is eminent domain?
Eminent domain is the power of the government to take private property for public use, provided that the property owner receives just compensation. This authority is granted by the Fifth Amendment of the U.S. Constitution, which states that private property cannot be...
How does condemnation compensation affect taxes?
When the government exercises eminent domain, property owners are entitled to receive compensation for the property that’s ultimately taken. This “condemnation compensation” is usually based on the property’s fair market value. While dealing with the loss of one’s...
