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Real Estate Questions & Answers

This is not a substitute for legal advice.  An attorney must be consulted.

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Welcome to LAWCHEK® REAL ESTATE.  This topic addresses various aspects of the law of Real Estate for the fifty (50) states.  Real Estate is land and anything permanently attached to it, such as buildings or fences.   Such attachments are sometimes referred to as fixtures.  A fixture is property that has been permanently attached to the land to such an extent that it is regarded as part of the land.  This topic, Real Estate, discusses ownership of real estate and rights and limitations relating to such ownership. Not discussed here are regulation of and use of land by the federal, state, or local governments.

The law of Real Estate has its origins in the development of the English Common Law.  The common law itself composes a body of law formed by court decisions over the years.  Many of the terms and concepts contained in the law of Real Estate arose in this manner.  With the exception of Louisiana, whose laws are derived from the French Civil Code, the individual states still rely heavily upon the common law for their laws on real estate.  Over the years, the states have enacted statutes regarding real estate.  These statutes sometimes codify the common law, modify, and at times abrogate it.  Even today, however, when a state’s statutes are silent on an issue of law regarding real estate, the courts will turn to the common law for an answer.

Black’s Law Dictionary, Fifth Edition.

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright © 2002-2006 by LAWCHEK, LTD

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