Practice Areas

Real Estate Law

Serving Atlanta, Georgia

Real property is land and those things which are permanently attached to that land. Permanently attached items include:

Home(s)
Improvements made to the home or land
Garages
Buildings

Substances within the land such as oil, minerals and gas are considered permanently attached as well. Tool sheds and mobile homes which can be attached to or detached from the land are not considered real property.

The owner of real property has the right to do whatever he or she pleases with it, subject to legal restrictions. Some of the things you are able to do include:

Using it
Rent/lease it to others
Sell or transfer ownership
Give it away
Use it as collateral to qualify for a loan
Bequeath it to beneficiaries by will or trust upon your death
Let it sit and do nothing with it, provided the legal restrictions allow it

Restrictions

Real property owners are subject to laws governed by the local, county, state and federal government. Three of the most common restrictions imposed by these forms of government include:

Zoning — This restricts the use of the property. It can be classified for use as residential, industrial, agricultural or commercial purposes. These restrictions may also apply to the sizes and height of any improvements attached to the property.
Environmental hazards — This restriction determines what materials can be kept and stored on the real property. It also determines who is responsible for removing any environmental hazards from that property. These may include lead paint, asbestos, petrochemicals, radon and toxic waste.
Public easement and right-of-way — Depending on where the real property is and how it is laid out, there may be a requirement that a portion of the property be left open and available for others to use. Easements and right-of-way are used to allow access to other properties. They make room for roads or sidewalks or for gas, electric, telephone and sewer lines to be installed. Violation of keeping these areas accessible may result in penalties, fines, injunctions and possibly criminal prosecution.

It is the dream of many people in the United States to become home and land owners. The important thing to realize is that pride of ownership comes with a lot of responsibility. It is important that you are legally prepared to deal with all forms of responsibility when purchasing any type of real property. For more information about real estate law in Atlanta, Georgia, please contact the law firm of Robbins & Associates, PC today.

6000 Lake Forrest Drive Suite 315, Atlanta, Georgia 30328

404-252-8117 | 800-772-5555 | Contact Us

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