Get Affordable Legal Help With Property Law Attorneys.

Property Law

Property law applies to both real estate, or real property, and personal property. Property laws deal with things like property rights, contractual rights, personal rights, possession of property, transfer of property, getting priority of ownership defined by the courts, and leases. If you have specific questions about property, real or personal, tangible or intangible, it is best to consult with a lawyer to determine your rights under the law.

What is the difference between property rights and contractual rights?

Property rights concern the ownership of the property, and your right to use and enjoy your property without interference. Contractual rights involve any rights to the property that are conveyed by a contract. Only an experienced property law lawyer can help you determine whether property law or contract law applies to your particular case.

Where do personal rights come in?

On occasion, there may be a conflict between one person's property rights and another person's personal rights. Property rights can interfere with personal rights; therefore, it is necessary to get a property law lawyer to analyze your circumstances according to the various laws that may apply to the situation.

Doesn't the transfer of property require consent of the owner?

Usually a transfer of property requires the consent of the owner, who signs a deed of transfer. However, under certain circumstances, property law makes it possible for property rights to be transferred in lieu of consent of the owner. For instance, if the owner dies, the property can be transferred. The law also makes it possible to transfer rights of ownership in case of a bankruptcy or a judgment issued by the court. In such an instance, the owner may not consent to transfer the property, but the law makes it possible for the transfer to happen without the consent of the owner. If you believe that someone is trying to take your property without your consent, a property rights lawyer may be able to help you.

If you are a tenant and you choose to make improvements to the property, who owns the improvements?

This decision may be based on whether the improvements are moveable or unmovable. Before you sink your money into a property that you don't own, be sure to consult with a property law lawyer. The same can apply to repairs or improvements to leased equipment. Who will be responsible for the costs of repairs - the owner of the equipment or the person leasing the equipment? Questions such as this are answered by property law lawyers, but remember, contractual law may also apply.

Is intellectual property covered by property law?

Intellectual property law covers patents, copyrights, trademarks and trade secrets. Intellectual property includes art, literature, music, ideas, inventions, discoveries, and so forth. The creator of intellectual property has certain rights with respect to their property, whether or not it is created for commercial use, and whether or not it is registered as a patent, copyright, trademark or trade secret.

When you create intellectual property that needs to be protected, the best course of action is to have an lawyer prepare the necessary paperwork before you release your ideas to the world. If you worked for a company when you made your discovery or invention, there may be a question as to whether the employee or the employer owns the rights to that intellectual property.

Property law lawyers may deal with intellectual property; however, there are also lawyers that specialize solely in intellectual property.

Discussing Your Case with a Property Law Attorney

1. Make sure that the lawyer specializes in property law.
2. Discuss your specific situation in detail.
3. Be sure to tell your lawyer whether or not there are contracts, bankruptcies, or others claiming a right to the property involved.
4. If the property is not in your possession, be sure to let the lawyer know that the property is someone else's possession.

Property law can be very confusing. There is a lot of gray area in property law.

When you face issues concerning property rights, don't rely on your own knowledge or interpretation of the laws, anything that you read, or advice from other people. A one-on-one consultation with an lawyer who specializes in property law is the best way to protect your property rights.