Wyoming Real Estate Law Lawyer
What Does a Real Estate Lawyer Handle?
The term “real estate” refers to land a person owns, as well as any buildings and structures upon that land. Given a person’s house or land is often their most significant asset, several laws exist governing how these can be dealt with.
Real estate lawyers specialize in a range of land or building-related matters, including the legal aspects of a sale and purchase agreement, boundary disputes, and title documentation.
The respected team at Steven Titus & Associates, P.C. are here to assist with the legal aspects of any real estate matters you have in the Wyoming area.
Common Problems in Dealing with Real Estate
Real estate lawyers are often required when a person wishes to sell or purchase land or property, or when disputes arise about an existing property. Common issues that occur in these circumstances are listed below.
A person wishing to sell their land or property ultimately has an election to sell with a real estate agent or without. In both circumstances, the assistance of real estate lawyers is wise to ensure all legal requirements of the sale are complied with.
In particular, ensuring that the purchase agreement has clearly specified the seller’s and the buyer’s obligations and that both parties are aware of their obligations prevents further disputes from occurring that may hold up the sale or leave one party disgruntled. Where the agreement is not properly drafted or where the parties are not aware of their obligations under the agreements, common sticking points include the transfer of funds, when possession is handed over, and any obligations the seller has agreed to prior to sale (e.g., to repair part of the property).
It is not uncommon for a person who has recently purchased property to learn upon moving into the house that it has some defects they were not aware of prior to their purchase. In Wyoming, the principle of “caveat emptor” applies, meaning “buyer beware.” Ultimately, this means sellers are generally not required to inform a potential buyer about defects/issues with the house or land (with certain exceptions). As the onus is generally on a purchaser to inspect the property and ensure it is up to their standard, obtaining legal advice prior to purchasing a property ensures the buyer is aware of the things a seller is not required to disclose and therefore can perform proper inspections, saving them from nasty surprises down the line.
A further issue that may arise for ill-informed buyers is encumbrances on the title to their land. Before purchasing a property, it is crucial that a proper title search is performed so the buyer is aware of any restrictions or liens (a claim of legal rights against an asset) on the property. For example, there may be easements on the property, which give others rights to a certain part of a property for a purpose (most often for access/egress), or a contractor may have a lien against the property for unpaid work they performed.
Disputes over Someone’s Land/Property
Neighborly disputes are unfortunately not uncommon, and often these relate to title boundaries. A landowner may believe that when they purchased the land, it extended to a certain area that a different person believes they own. These disputes generally require the intervention of real estate lawyers to clarify the title boundaries and if necessary, to litigate disputes where an error has been made or action has been taken on that land by the person who was not legally entitled to it. Similarly, disputes about fences, including who can place these where and who is required to maintain or fix them, often require the assistance of real estate lawyers.
Disputes about easements, including the space included in the easement and the type of activity that can be conducted in this space are also commonly disputed.
Need a Real Estate Attorney?
If you are in need of a real estate attorney in Wyoming, whether for yourself or your business, the team at Steven Titus & Associates, P.C. are here to help. Our attorneys have an unbeatable work ethic and continuously impress our clients with our diligence and professionalism.
Call us today at (307) 257-7800.
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