Pennsylvania Real Estate Lawyers

Real estate law governs the rights of a person or company to own or use property. Real estate law can often be complex, however, and people who don’t understand the law can sign away valuable rights without even realizing what they have done. Real estate lawyers in Pennsylvania can help by reviewing contracts and clearly establishing property and ownership rights. The real estate lawyers of Munley, Munley & Cartwright, P.C., have been representing Pennsylvanians for decades and our experience enables us to provide qualified legal assistance to those involved in real estate deals or disputes.

The term "property" means that a person has the right to use, control, and dispose of a certain object. "Real property" means that the object is land. Land includes the surface of the earth as well as everything above it (such as buildings) and below it (such as minerals).

People can share ownership of real property with others in a number of ways, including:

• Joint Tenancy - two people have an undivided interest in real property and have a right to the whole property upon surviving the other person.
• Tenancy by the Entirety - spouses have an undivided interest in real property and have a right to the whole property upon surviving the other person.
• Tenancy in Common - several people have an undivided, but distinct, interest in real property and do not have right to the whole property upon surviving the other people.

The most common legal way to transfer ownership of real property is to execute a deed that includes a detailed description of the property, the name of the person receiving the property, and the signature of the person transferring the property. Property is occasionally transferred without the consent of the owner such as when the owner dies without a will or files for bankruptcy.

There are many types of land deeds, which vary according to what property ownership rights the seller can guarantee, including:

• General Warranty Deeds - guarantee that the property is unencumbered and that no other person can legally claim the property.
• Limited Warranty Deeds - guarantee that the property is unencumbered from any claims made after the seller became the owner of the property.
• Quitclaim Deeds - guarantee nothing and the buyer can make no claims against the seller if there is a future problem with the title. Simply transfers interest.

Another type of land deed is a mineral deed, which conveys rights in the minerals that are found in, on, or under a piece of land. This includes the right to enter and occupy the land so as to remove the minerals. Mineral rights can be kept when land is sold, thereby making it possible for someone to have the right to the minerals without being in possession of the land. Mineral rights themselves also can be leased or sold.

While some property is used solely by the new owner, other property may be rented or leased. Many real estate disputes arise from rental or leased properties - disagreements may occur over the length of the rental term, the amount of rental payments, or the landlord or tenant’s failure to maintain the property.

Property can also be affected by an easement. An easement is a restricted right to use someone else's land for a particular purpose such as a private road or to lay pipeline. Once an easement is created, the person who uses the easement must maintain it. The person who owns the easement can fix and enhance it as long as he does not interfere with the user's enjoyment. Easements are perpetual unless ended by agreement, abandonment, merger, or necessity.

Government entities may be involved in easements, but one of the most common real estate disputes involving the government is the concept known as eminent domain. The government has the constitutional power to take private property (real, personal, or intangible) for public use, and must pay the landowner compensation often calculated based on the fair market value of the property.

Contact Our PA Real Property Attorneys Today

Whether you are involved in a real estate dispute regarding a rental agreement or the mineral rights to your property, the Pennsylvania real estate lawyers of Munley, Munley & Cartwright, P.C., have the experience to handle your case. Not all real estate lawyers in Pennsylvania have been representing clients across the state for more than forty years – and our legal team will work hard to protect your interests.

At Munley, Munley & Cartwright, P.C., our goal is to provide exceptional legal services to our clients. We strive to achieve the highest standard of excellence for the protection of individual rights through teamwork and the use of our considerable resources and experience.

For a free consultation regarding your legal concerns, contact us online today or call us toll free at 877-421-9173.