State Property & Real Estate Laws

If you're a homeowner or other kind of property owner, it's a good idea to familiarize yourself with local laws. Real property law and property rights share a degree of uniformity across the country. For example, most real estate transactions might involve a lender and an escrow company. You'll also have to pay property taxes after a purchase. But as common law (historical case law) has evolved, so too have legal issues unique to each state.

While federal laws can impact how commercial and residential property is purchased and managed, local laws play a greater role. From city ordinances dictating building codes and zoning to state laws controlling land sales, specific jurisdictions have many nuances.

What Do State Laws Cover?

Generally speaking, each state's chapters or codes on property will cover a large area of law concerning property. Some common real estate issues covered by these statutes include:

• Purchases and sales (conveyances) of homes, timeshares, and land
• Landlord-tenant laws, including eviction procedures and tenancy security deposits
• The interplay between real property and personal property
• Mortgage debt, bank liens, and foreclosures
• Leaving property to loved ones through estate planning
• The government's power to take property (eminent domain)
• Homeowners' association covenants (rules) in condominiums and co-ops
• Squatters rights and adverse possession

Sometimes, property laws can touch upon other areas of the law. For example, property division during divorce would fall under family law. Theft of real property could pull in statutes from criminal law. There might also be exemptions granted under statutes, which means certain rules won't apply to certain situations. For the purposes of this article, the body of laws cited focuses mainly on civil real estate issues.

How To Read and Navigate Statutes

State laws are generally organized under titles, chapters, and code sections. The methodology may be slightly different from one state to another. But, in general, you can navigate these laws by paying attention to how they're titled and numbered. For example, one property chapter might focus on construction law, while another might discuss housing disclosures during real estate transactions.

Below, you'll find some of the key laws pertaining to real estate and property in each state and DC.

Speak to a Real Estate Attorney

A realtor, real estate agent, or real estate broker can't advise you on all the real estate law out there. An attorney can help decipher your real estate rights and options. So, you don't have to go through the entire state code to figure it out. Speak with a real estate lawyer today.