For the Business Owner/Manager: Real Property Law vs. Basic Contract Law

Real Property Law vs. Basic Contract Law

Oh hated lawyer, why are the laws about houses, rentals, construction (including re-model) mobile homes, so difficult and complicated?

First, construction is such a specific area that we have to even exclude this topic from this blog piece.

Second, when it comes to our homes, our leases for commercial property (please see previous blog posts on commercial property), our rent agreements for our apartments/duplexes, and mobile home parks, a major legal premise comes into play that is often not in other contracts regarding basic goods, products and services.

Oh yeah, Attorney? What might that be?

“Estate in property”

When we rent real property, the law can impose an additional legal relationship between us. [YES, you must go back to my blog post about Legal Relationships! It is the most important piece written for you]

The law creates an estate in property. As a tenant who has entered into a one month rent agreement, you now have an estate in property. As the landlord, you have given (hopefully for an adequate price) an estate in property to this tenant. Simply because of this extra dimension, there exist different (actually just additional) laws that apply for disputes that may arise!

There are many different and additional statutes (written laws by legislatures) that can trigger for estates in property. Thus, before and when you have such legal relationships for real property you must….. consult your Hated Lawyer!