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Legal Guides/Real Estate Law
Real Estate Law

Real Estate Law Legal Guides

20 topics covered across all 50 states and DC. Pick a topic to see your state's rules.

1031 Like-Kind Exchanges

Montana 1031 like-kind exchanges defer capital gains tax on real-estate sales when proceeds reinvest in similar property — strict 45/180-day deadlines + qualified intermediary required.

See all 51 jurisdictions →

Adverse Possession

Alabama adverse possession requires 20 years (10 with color of title or paid taxes) of continuous, open, hostile, exclusive, and notorious possession.

See all 51 jurisdictions →

Boundary Disputes

Illinois property boundary disputes are resolved through surveys, deeds, adverse possession, acquiescence, or boundary-line agreements — but they're often more about neighbors than law.

See all 51 jurisdictions →

Construction Defect Claims

Massachusetts construction defect claims are governed by statutes of repose (typically 6-15 years from substantial completion), pre-suit notice requirements, and warranty rules — but homeowners have real remedies if they act quickly.

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Earnest Money Deposits

Oregon earnest money deposits: 1-3% typical. The deposit shows good faith and gives the buyer skin in the game; held in escrow until closing or contract termination.

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Easements

Louisiana easements give one party the right to use another's land for a specific purpose — utilities, access, drainage, conservation. Created by deed, prescription, necessity, or implication.

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Fair Housing

Ohio fair housing law — federal Fair Housing Act + state law — protects against discrimination in renting + buying based on race, color, religion, sex, national origin, disability, familial status, and (state-dependent) sexual orientation, source of income, etc.

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Foreclosure Defense

Ohio foreclosure: Judicial. Typical timeline: 180-220 days.

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HOA Disputes

Virginia HOAs are governed by recorded covenants/declarations and Virginia Property Owners' Association Act . Disputes commonly involve assessments, architectural-control decisions, rule enforcement, and board governance.

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Homestead Exemptions

Montana has TWO different homestead exemptions: one for property taxes and a separate one that protects equity from creditors.

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Landlord-Tenant Eviction

Rhode Island eviction (non-payment): 5-day demand for rent. Typical timeline: 30-45 days. Middle of the road posture overall.

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Lis Pendens (Notice of Pending Action)

District of Columbia lis pendens — recorded notice of pending litigation affecting real property — clouds title and stops sales until resolved. Powerful but limited to specific claims about the property itself.

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Mechanic's Liens

Rhode Island contractors and suppliers can secure payment with a mechanic's lien — but the deadlines are short (typically 60-120 days from work / supply) and the rules are unforgiving.

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Property Management Disputes

Iowa property management disputes — between owners + managers, managers + tenants — center on agency authority, fee disputes, accounting, security deposits, and licensing requirements.

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Property Tax Appeals

Michigan property-tax appeals are filed with Local Board of Review. Deadline: March (Board of Review); July 31 (Tax Tribunal).

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Quiet Title Actions

Ohio quiet-title actions ask the court to definitively resolve title disputes — establishing one party as the rightful owner against all other claimants.

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Real-Estate Fraud

Minnesota real-estate fraud — non-disclosure of defects, title fraud, mortgage fraud, deed fraud — has multiple legal remedies including rescission, damages, treble damages under consumer protection laws.

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Security Deposits

Nevada security deposit: max 3 months rent. Return deadline: 30 days.

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Title Insurance

Illinois title insurance protects buyers and lenders from financial loss due to title defects, liens, fraud, or boundary disputes that existed before the policy date.

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Zoning and Land Use

Nevada zoning and land-use disputes typically involve municipal zoning boards, planning commissions, and (when needed) state courts.

See all 51 jurisdictions →

These guides are for general information only and do not constitute legal advice. Laws change and outcomes depend on your specific situation — talk to a licensed attorney before acting on anything you read here.