Property Acquisition

The purchase of Real Property involves a number of potentially complicated legal issues, confusing terminology, and a great deal of paperwork. One of our attorneys can explain the significance of various decisions a buyer will have to make and point out potential problems a buyer might otherwise overlook.

Easements

There are many types of easements, but all of them give someone the right to use another person’s land for a particular purpose. If, for instance, you own waterfront property and you want to sell a landlocked neighbor the right to use a piece of your land to access the water, you could sell an easement. This type of sale can have repercussions down the line and you may want to consult with an attorney to be sure you will get exactly what you want from the sale.

Legal disputes often arise if a person claims to have an easement on your land and you believe them to be incorrect. Attorneys at Mark C. Bouldin and Associates are always willing to help defend your property rights.

Mineral/Air/Water Rights

If you are a landowner, it may come as some surprise that you do not necessarily own the mineral rights for your property. In some instances mineral rights are sold separate from the title to the surface of the land. If you do not ask about mineral rights, they may not automatically be granted in the sale of land.

Similarly, many landowners with property touching flowing water may not have actual ownership of the water itself. Riparian owners, have the right to use water flowing through their land for reasonable and beneficial use (boating, swimming, etc.). But, they are not allowed to affect the water quality or availability upstream/downstream, by polluting the water or changing its flow. Water rights include the use of underground water, as well as above ground water.

Lien

A lien is a charge against a property that a creditor holds until a debt is satisfied. The lien holder does not own the property. However, if a lien goes unpaid/unsatisfied, there are instances when the lien holder can force the sale of the property and the payment of the lien. However, this happens only after proper notice and serving the claim of lien has occurred.