There have been a few times in my life that I have needed a lawyer, and during those times, their help was invaluable. I worked with lawyers during the custody battle for my kids, when I dissolved the partnership for my business and after I suffered an injury at work. In this blog, I plan to write about the law from a range of angles. I may share posts inspired by my personal experiences, what's popular in the news or what strikes my fancy when I'm writing. I have a daughter, Oliva. I manage a medical clinic, and I love blogging. I hope you like the results. My name is Melinda, and thanks for reading!
In many areas, it's not a requirement that you have a property lawyer help you through the home buying process; you may not even need a real estate agent to negotiate pricing and other such aspects of buying a home. However, just because it's not a legal requirement doesn't mean that it's a good idea to forego the use of an attorney when you're purchasing a home, and especially in certain situations that could complicate the process. Note when it's good to have a property lawyer help you through a home purchase and how they can work to protect your rights and interests.
When there may be boundary disputes
Don't assume that you can or should buy a house and then work out boundary disputes with your neighbors later, as you may find out that you're not getting as much property as you assume or may find that the real boundary of your property affects your plans for a fence, water feature, addition, and the like. You may also find that items on your property will need to be addressed once the boundary is established; for example, an old shed may be across a neighbor's property line or a tree may have branches that hang over their property and neighbors request you trim the branches. Always consult with a lawyer when there are such disputes so you know your risks and obligations before you make a purchasing decision.
If there are tenants in the home
If the home you're buying is currently rented, whether you want to continue to rent it or not, you should have an attorney help you through the buying process. They should review the current lease and note if there are any factors you're overlooking, such as a tenant's rights to renew the lease when it's over. You should also know how to have tenants vacated legally if you have that option and want to occupy the home yourself or rent it to someone else, as you may not be able to simply terminate the lease early.
If there may be contamination on the property
Very often, the new owner of any property is legally obligated to manage any type of contamination, even if he or she did not cause that contamination. If the property has asbestos in the soil, a leaking septic tank, or other such potential for contamination, you want an attorney to advise you of your obligations if you were to purchase the property so you know what may be involved in cleaning it up properly.
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