Property Law Attorney
A property law attorney is essential for protecting your legal rights when it comes to real estate matters, whether you’re buying, selling, or dealing with property disputes. Property law governs your rights to own a home, the land it sits on, and any other real estate assets you may hold. Understanding property law is crucial for making informed decisions regarding your property transactions.
If you’re facing legal matters such as evictions, foreclosures, or other real estate-related issues, the experienced property law attorneys at Kelly Legal Group can provide expert legal guidance. From negotiating contracts for buying or selling property to drafting leases and resolving title disputes, our team offers personalized legal services. Contact us today for a free consultation to protect your property rights.
“I cannot speak highly enough of the staff at Kelly Legal Group and Attorney Chris Cummings. Facing a time sensitive legal issue with a difficult party, I was overwhelmed and unsure of how to proceed. From intake on, they took the time to truly understand not just the legal intricacies of my case, but also my personal concerns.
Chris’s expertise and guidance were invaluable throughout the process. He was not only knowledgeable and professional but also genuinely empathetic to my situation. They worked diligently to ensure that my case was resolved in a timely manner, ultimately achieving the desired outcome. I would recommend their services to anyone in need of legal assistance!” ~Brittany S.
“I came to The Kelly Legal Group during a tough time in my life where seemingly everything was falling apart around me and they were understanding and diligent, as well as willing, to help me with my case. They truly only charge for true work they do. These guys work hard too! I worked with Anna and her team and we ended up with a positive result in our case. I wholly trust them with all my being and would certainly recommend them or use them again if need be.” ~Jordana K.
“Fantastic team. They helped me square away deed paperwork. They were very responsive, knowledgeable, and clear in the steps required. Pam, Elsa, and Lyndsey were great to work with! I highly recommend using them for any legal work required. Big thank you to the Kelly Legal Group!” ~Calixto K.
“Kelly Legal Group was great to work with and brought my automobile accident claim to a successful resolution. Mr. Kelly was very easy to work with and kept me well-informed every step of the way. The staff was courteous, professional and maintained great communication.” ~Shane H.
“I hired the Kelly Legal Group for a condo purchase in Austin. Jeff and Greg assisted me throughout the whole process from making offers to closing.
They were particularly helpful when additional clarification was needed regarding parking spot assignments and we were able to get the appropriate documents from the seller and closed on schedule.” ~Alexandre J.
“If you are buying land, especially in west Texas, where you need to dive deep into mineral rights and even wind rights, it’s best to take advice from an attorney. I wasn’t aware that when you buy land, someone else might gave wind rights which means they can build a windmill whenever they want…on your land.
I want to thank Sana at Kelly Legal Group in Austin. She helped look into existing lease, contract, title warranty, and guided me to a successful closure.
Yes the advice costs money per hour, but is worth it for the peace of mind during and after the purchase.” ~Chandra R.
“I wanted to share a very positive experience with Jeff Kelly. I called his firm earlier today and was set up with a same day appointment. I had a lot of questions and uncertainty in my situation and Jeff was definitely able to put my mind at ease. I don’t look forward to the potential legal problems down the road but I do look forward to partnering with Jeff because I know he will have my back and make sure the right thing is done. Thank you Jeff!!” ~Melanie A.
Comprehensive Real Estate Property Law Services
We offer comprehensive property law services tailored to meet our clients’ needs. We have what it takes to get the job done right, from drafting contracts to litigation support and everything in between. Our team is experienced in handling a wide variety of matters, including:
Leases and Rental Agreements
A lease is a contract between two or more parties where one party (the lessor) grants another party (the lessee) the use of land or other property for a specified period at a specific price. Lease terms include rent, conditions, renewal options, subleases, assignment, and termination.
Traditionally, leasing and rental agreements have been a complex area of property law due to the inherent conflict between a property’s owner and its tenant, which means these contracts must be properly drafted.
A property law attorney can help you draft a lease agreement that best suits your needs. For example, if you buy or sell a commercial building, it may be necessary to draft a special lease agreement. In this case, our property law attorney can assist you in drafting a special lease agreement tailored to your particular situation.
Sale and Purchase Contracts
A sale and purchase contract is a legal document used to formalize the sale of real property. It is typically written as part of a larger transaction, such as when a seller sells his home to a buyer who then purchases the home from the seller.
Most states require sellers to disclose certain information about the house’s condition before they sell it. This disclosure requirement is called “disclosure” because it requires the seller to tell prospective buyers what they know about the house and any potential issues.
If there are any problems with the house, the seller must inform the buyer about them. If the seller does not disclose material defects, the buyer may sue them for fraud.
A property law attorney will review the disclosures made in the sale and purchase contracts to ensure that everything is disclosed. They will also advise you if anything is missing.
Clearing and Transfer of Titles
When a person dies, their real estate automatically passes to their heirs. However, if the deceased did not leave a will, the state government takes control of the deceased’s real estate until it is distributed according to the laws of intestate succession.
An executor administers the estate after the death. An executor distributes the deceased’s personal property to the beneficiaries under the will. They also distribute the deceased’s real estate to the beneficiaries according to the laws of descent and distribution.
An executor cannot distribute real estate without first having the title transferred to them. Title transfer involves recording an abstract of the title. Then, a title search is performed on all properties owned by the deceased before transferring ownership.
The executor should hire a lawyer to perform the title search and prepare the abstract of the title. This ensures that no errors are made during the process and there is no legal issue.
The real estate lawyers at Kelly Legal Group understand the importance of title searches and abstracts of titles. We can help you complete the process of clearing and transferring titles. We are experts in real estate law.
Bailments and Property Custody
Bailments occur when property is transferred to another person or business for a specified purpose with the understanding that it will be returned after the purpose is completed. Bailments are vital contracts between parties involved in these real estate transactions.
For example, a landlord might lease out space in a shopping mall to a tenant. The landlord agrees to rent the space to the tenant for some time. The landlord retains possession of the property while the tenant pays rent to use the space.
After the lease expires, the landlord can either renew the lease or let the space go back to the original owner. If the landlord decides to let the space go back to its original owner, the landlord transfers legal title to the space to the original owner.
However, if the landlord wants to keep the space, the landlord enters into a bailment agreement with the tenant. In this case, the landlord rents the space to the tenant again, but only for a limited time. After the lease expires, the tenant returns the space to the landlord.
To protect both parties, a real estate agent drafts a bailment agreement. This document states what rights each party has over the property. It also specifies how much time the tenant must have possession of the property before returning it to the landlord.
A property law attorney at Kelly Legal Group helps landlords draft bailment agreements. These documents ensure that both parties understand their respective rights and responsibilities.
Property Disputes and Covenants
Covenants are promises that are included in deeds. They are used to describe the obligations of one party to another. For instance, a covenant might state that a homeowner must maintain their house in good condition.
If the homeowner neglects to do so, they could be sued for breach of contract.
At Kelly Legal Group, we drafts covenants for homeowners and sellers. Covenants are important aspects of real estate law because they define the rights and obligations of all parties involved in a transaction.
Easements and Property Boundaries
An easement is an interest in land owned by someone else. An easement gives the right to use a portion of the landowner’s property without owning any part of it.
The most common type of easement is an access easement. Access easements allow people to cross private property to get from one place to another.
Access easements are very useful. For example, a farmer who owns farmland wants to build a road through their property. However, building the road would require them to take away some of their valuable farming land. A court-approved access easement allows the farmer to build the road without giving up any of their land.
Another type of easement is a utility easement. Utility easements allow power lines and telephone cables to run across private property. Utility easements are necessary to provide services such as electricity and phone service. Without them, many people would not be able to live in certain areas.
Our Texas real estate law firm can draft easements for landowners and developers.
Insurance Issues and Risk Management in Real Estate
Property insurance protects you against losses caused by fire and other disasters. If your home burns down, you’ll need property insurance to cover the cost of rebuilding.
When you buy a new car, you purchase auto insurance to financially protect yourself from accidents. The same thing applies when you own a piece of real estate. You need property insurance to protect yourself from damage caused by floods, earthquakes, fires, and other disasters.
You don’t always need full coverage on your property. Some policies only cover major catastrophes and limit the amount of money you will receive after a disaster. Other policies offer limited protection.
Our property law attorneys work to help you find affordable property insurance policies. Insurance agents often charge high premiums because they pay commissions on every policy sold. However, our lawyers negotiate lower rates with insurance companies. As a result, you can save money on your monthly payments.
Landlord-Tenant Disputes
A landlord-tenant dispute arises when landlords try to evict tenants. Landlords usually cite failure to pay rent, poor maintenance, or unsafe conditions as reasons why tenants should leave.
Most states have local laws governing how landlords may terminate leases. Tenants also have legal protections under federal housing laws.
If you’re being evicted for failure to pay rent, you might want to consider filing for bankruptcy. Bankruptcy can prevent landlords from evicting you. It can also eliminate any debts that were created during your tenancy.
If you’re facing eviction, talk to a property law attorney about your options. Our lawyers can help you understand your rights and responsibilities as a tenant. They can also advise you on whether you should fight back or accept a settlement.
Unlawful Detainer and Eviction Matters
An unlawful detainer action occurs when a landlord tries to force a tenant out of an apartment or house. Unlawful detainer actions arise most frequently when a landlord wants to evict a tenant before the end of a lease term.
In most cases, a landlord must serve a notice on a tenant before they can file an unlawful detainer complaint. However, the landlord can initiate an unlawful detainer lawsuit if the tenant doesn’t vacate the premises within ten days.
In some states, landlords can use unlawful detainer lawsuits to recover unpaid rent. However, this practice is illegal in most states.
If you’re thinking about moving into a rental property, make sure you know what state laws apply to your situation. Then, contact a real estate lawyer to learn more about your rights and obligations as a tenant.
Property Tax Appeals
Taxpayers who disagree with their tax assessments can sometimes appeal those assessments. However, appealing a property tax assessment can be expensive.
Local county assessors’ offices handle appeals. Most counties require taxpayers to pay a fee to appeal a property tax assessment.
Appeals also take time. Local assessors typically wait until all appeals are resolved before issuing final property tax assessments. This process can take months or even years.
Contact a real estate lawyer if you think your property taxes are too high. Our real estate lawyers can help determine if you have grounds for appealing your property tax assessment. They can help you prepare an appeal letter as well.
An appeal letter describes the reasons why you believe your property taxes are too high. It also explains why you think the property appraiser’s valuation is incorrect. Then, finally, it requests a hearing before a board of equalization.
You’ll need to provide proof that your property has increased in value since the last appraisal. You’ll also need to show that the assessed values of other properties in your area haven’t changed. You’ll need to pay any fees associated with your appeal. The cost depends on the type of appeal you file.
Contact a real estate lawyer to discuss your property tax appeal options.
Adverse Possession Claims
Adverse possession occurs when someone takes land without permission from the rightful owner. Adverse possession allows the possessor to claim land ownership even though the true owner did nothing wrong.
A person who claims adverse possession must prove that they knew the true owners’ interest in the land. Actual notice means the person knew about the true owners’ claim to the land.
When an adverse possessor takes land, the actual owner loses their right to the land. However, if the valid owner dies, the property title is most likely transferred to heirs who can control the land.
An experienced property law attorney at Kelly Legal Group helps people who own land file lawsuits against other people who claim land ownership.
The real estate law requires that a person who files a lawsuit against another person show that they own the land. Therefore, a person cannot file a lawsuit unless they can prove that they own the land in question.
This requirement protects innocent landowners by preventing them from being sued for something they do not own.
Get Expert Advice From a Texas Property Law Attorney
Whether you’re a homeowner, commercial property owner, landlord, or business owner, property law directly impacts your rights and investments. Developers, lenders, title companies, and government agencies are also affected by the complex web of real estate regulations. To protect your interests, it’s essential to work with a property law attorney who understands the nuances of local laws, contract law, and even environmental regulations.
At Kelly Legal Group, we pride ourselves on helping clients navigate the intricacies of real estate law. With over a decade of experience, we provide comprehensive legal guidance to safeguard your property rights. Whether you’re dealing with property disputes, title issues, or contract negotiations, our experienced team will ensure that your interests are fully protected.
Our attorneys specialize in resolving property disputes, offering alternative dispute resolution options or, if necessary, taking the matter to court. We’ll work with you to ensure you have the right documents in place and the legal support needed for every stage of your property transaction or dispute.
If you’re facing any real estate challenges, contact Kelly Legal Group for expert legal advice. We offer free consultations to understand your situation and develop a personalized legal strategy.
Protect your property and your rights-contact us today to schedule an appointment.