Real Estate & Property Law Overview
Real Estate & Property Law Resources
Related Practice Areas
Real estate refers to land, as well as anything permanently attached to the land, such as buildings and other structures. Both federal and state laws regulate real estate transactions. For example, the Federal Fair Housing Act (42 U.S.C. §§ 3601-3631) protects people involved in real estate transactions from discrimination based on race, color, religion, sex, or national origin. The Supreme Court case of Meyer v. Holley, 537 U.S. 280 (2002), illustrates how a real estate company can be held liable for violating the Federal Fair Housing Act. States also have unique real estate laws which apply only to their jurisdiction.
Contract law governs the sale of real estate. Thus the Statute of Frauds (Uniform Commercial Code § 2-201), a principle of contract law, dictates that real estate transactions be in writing. Furthermore, since real estate transactions involve the sale of land, real property law also influences real estate law. For instance, the seller of property must show that that the title he or she is offering is marketable. Thus, the seller must prove that he or she owns title to the property and that no third party has an undisclosed interest in the property. However, real property is not synonymous with real estate. Real property only refers to land, while real estate also includes structures on the land.
Show Extended SummaryDockets 
- MOTORISTS MUTUAL INSURANCE COMPANY v. MAZZA
Pennsylvania Western District Court
All Other Real Property
Filed: August 7, 2008
Plaintiff: MOTORISTS MUTUAL INSURANCE COMPANY Defendant: ANDREW T. MAZZA
(August 6, 2008) - UNITED STATES OF AMERICA v. 1.10 ACRES OF LAND, more or less, situated in STARR COUNTY, STATE ...
Texas Southern District Court
Land Condemnation
Filed: August 7, 2008
Plaintiff: UNITED STATES OF AMERICA Defendant: 1.10 ACRES OF LAND, more or less, situated in STARR COUNTY, STATE OF TEXAS, Conception Guerra, Arnulfo Guerra, Jr., M. Elizabeth Cooper, Guerra's International Traders, Inc. and others...
(August 6, 2008) - United States of America v. Mason
South Carolina District Court
Foreclosure
Filed: August 7, 2008
Plaintiff: United States of America; Defendant: Joe L Mason
(August 6, 2008) - USA v. Ford et al
South Carolina District Court
Foreclosure
Filed: August 7, 2008
Plaintiff: USA Defendant: Jeremiah Ford, Bobby Wells, Rental Center Inc
(August 6, 2008) - RICHARD PYKE v. LINK MANUFACTURING, LTD.
Indiana Southern District Court
Tort Product Liability
Filed: August 7, 2008
Plaintiff: RICHARD PYKE; Defendant: LINK MANUFACTURING, LTD.
(August 6, 2008)
Legislation
- Bill Sent To President: H.R.4137 College Opportunity and Affordability Act of 2007
To amend and extend the Higher Education Act of 1965, and for other purposes.
August 31, 2008: Cleared for White House.
(August 29, 2008) - Bill Enacted: S.3298 A bill to clarify the circumstances during which the Administrator of the ...
A bill to clarify the circumstances during which the Administrator of the Environmental Protection Agency and applicable States may require permits for discharges from certain vessels, and to require the Administrator to conduct a study of discharges incidental to the normal operation of vessels.
July 31, 2008: Became Public Law No: 110-299.
(July 29, 2008) - Bill Enacted: H.R.3221 Housing and Economic Recovery Act of 2008
A bill to provide needed housing reform and for other purposes.
July 30, 2008: Became Public Law No: 110-289.
(July 28, 2008) - Bill Enacted: S.2766 Clean Boating Act of 2008
A bill to amend the Federal Water Pollution Control Act to address certain discharges incidental to the normal operation of a recreational vessel.
July 29, 2008: Became Public Law No: 110-288.
(July 27, 2008) - Bill Enacted: H.R.802 Maritime Pollution Prevention Act of 2008
To amend the Act to Prevent Pollution from Ships to implement MARPOL Annex VI.
July 22, 2008: Became Public Law No: 110-280.
(July 20, 2008)
Regulations
- Rule - Approval and Promulgation of Air Quality Implementation Plans: Pennsylvania
Environmental Protection Agency
Rule
Approval and Promulgation of Air Quality Implementation Plans:
Pennsylvania,
46200-46202 [E8-18188]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2008-0189; FRL-8702-1] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Section 110(a)(1) 8-Hour Ozone Maintenance Plan and 2002 Base-Year Inventory for the Schuylkill County Area AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The Pennsylvania Department of Environmental... [read document]
View Document | Download PDF
(August 7, 2008) - Proposed Rule - Approval and Promulgation of Air Quality Implementation Plans: Virginia
Environmental Protection Agency
Proposed Rule
Approval and Promulgation of Air Quality Implementation Plans:
Virginia,
45925-45928 [E8-18191]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2008-0472; FRL-8701-9] Approval and Promulgation of Air Quality Implementation Plans; Virginia; Stafford County Reasonably Available Control Technology Under the 8-Hour Ozone National Ambient Air Quality Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia. This SIP revision pertains to the... [read document]
View Document | Download PDF
(August 6, 2008) - Proposed Rule - Approval and Promulgation of Air Quality Implementation Plans: Colorado
Environmental Protection Agency
Proposed Rule
Approval and Promulgation of Air Quality Implementation Plans:
Colorado,
45924-45925 [E8-16269]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2007-1030; FRL-8573-6] Approval and Promulgation of Air Quality Implementation Plans; Colorado; Affirmative Defense Provisions for Malfunctions; Common Provisions Regulation AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of Colorado on August 1, 2007. These revisions establish affirmative defense provisions for... [read document]
View Document | Download PDF
(August 6, 2008) - Rule - Approval and Promulgation of Air Quality Implementation Plans: Colorado
Environmental Protection Agency
Rule
Approval and Promulgation of Air Quality Implementation Plans:
Colorado,
45879-45882 [E8-16268]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2007-1030; FRL-8573-5] Approval and Promulgation of Air Quality Implementation Plans; Colorado; Affirmative Defense Provisions for Malfunctions; Common Provisions Regulation AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is taking direct final action approving a State Implementation Plan (SIP) revision submitted by the State of Colorado on August 1, 2007. This revision establishes affirmative... [read document]
View Document | Download PDF
(August 6, 2008) - Rule - Pesticide Tolerances: Dodine
Environmental Protection Agency
Rule
Pesticide Tolerances:
Dodine,
45629-45634 [E8-17934]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2007-0221; FRL-8367-5] Dodine; Pesticide Tolerances AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: This regulation establishes tolerances for residues of dodine in or on bananas and peanuts. Agriphar S.A. c/o Ceres International LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). DATES: This regulation is effective August 6, 2008. Objections and requests for hearings must... [read document]
View Document | Download PDF
(August 5, 2008)
Government
- Notice - Certain New Chemicals; Receipt and Status Information
Environmental Protection Agency
Notice
Certain New Chemicals; Receipt and Status Information,
46263-46268 [E8-18321]
ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2008-0598; FRL-8377-2] Certain New Chemicals; Receipt and Status Information AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: Section 5 of the Toxic Substances Control Act (TSCA) requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on the TSCA Inventory) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals.... [read document]
View Document | Download PDF
(August 7, 2008) - Notice - Federal Property Suitable as Facilities to Assist the Homeless
Department of Housing and Urban Development
Notice
Federal Property Suitable as Facilities to Assist the Homeless,
46310-46312 [E8-18181]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5186-N-32] Federal Property Suitable as Facilities To Assist the Homeless AGENCY: Office of the Assistant Secretary for Community Planning and Development, HUD. ACTION: Notice. SUMMARY: This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless. FOR FURTHER INFORMATION CONTACT: Kathy Ezzell, Department of Housing and Urban Development,... [read document]
View Document | Download PDF
(August 7, 2008) - Notice - Environmental Impact Statements and Regulations; Availability of EPA Comments
Environmental Protection Agency
Notice
Environmental Impact Statements and Regulations; Availability of EPA Comments,
46268-46269 [E8-18314]
ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-8584-5] Environmental Impact Statements and Regulations; Availability of EPA Comments Availability of EPA comments prepared pursuant to the Environmental Review Process (ERP), under section 309 of the Clean Air Act and section 102(2)(c) of the National Environmental Policy Act as amended. Requests for copies of EPA comments can be directed to the Office of Federal Activities at 202-564-7146. An explanation of the ratings assigned to draft environmental... [read document]
View Document | Download PDF
(August 7, 2008) - Notice - Environmental Impacts Statements; Availability
Environmental Protection Agency
Notice
Environmental Impacts Statements; Availability,
46269 [E8-18318]
ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-8584-4] Environmental Impacts Statements; Notice of Availability Responsible Agency: Office of Federal Activities, General Information (202) 564-7167 or http://www.epa.gov/compliance/nepa/. Weekly receipt of Environmental Impact Statements Filed 07/28/2008 through 08/01/2008 Pursuant to 40 CFR 1506.9. EIS No. 20080295, Final EIS, FHW, NY, NYS Route 17 at Exit 122 Interchange Project, To Improve the Safety and Operation, Right-of-Way Acquisition, Town of... [read document]
View Document | Download PDF
(August 7, 2008) - Notice - Meetings: Farm, Ranch, and Rural Communities Committee (FRRCC)
Environmental Protection Agency
Notice
Meetings:
Farm, Ranch, and Rural Communities Committee (FRRCC),
46269-46270 [E8-18330]
ENVIRONMENTAL PROTECTION AGENCY [FRL-8702-3] Farm, Ranch, and Rural Communities Committee AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of meeting. SUMMARY: Under the Federal Advisory Committee Act, Pub. L. 92-463, EPA gives notice of a meeting of the Farm, Ranch, and Rural Communities Committee (FRRCC). The purpose of the FRRCC is to provide advice to the Administrator of EPA on environmental issues and programs that impact, or are of concern to, farms, ranches, and rural... [read document]
View Document | Download PDF
(August 7, 2008)
Articles
- Michigan v. EPA: Interstate Ozone Pollution and EPA's 'Nox Sip Call'
St. Louis University Public Law Review, Vol. 20, No. 1, 2001 Patricia Ross McCubbin Southern Illinois University School of Law Date Posted: August 8, 2008 Last Revised: August 8, 2008
(August 7, 2008) - The Risk in Technology-Based Standards
Duke Environmental Law & Policy Forum, Vol. 16.1, 2005 Patricia Ross McCubbin Southern Illinois University School of Law Date Posted: August 8, 2008 Last Revised: August 8, 2008
(August 7, 2008) - Is a Guardian the Alter Ego of the Ward?
Stetson Law Review, Vol. 37, p. 53, 2007, U. of Pittsburgh Legal Studies Research Paper No. 2008-22 Lawrence A. Frolik University of Pittsburgh - School of Law Date Posted: August 8, 2008 Last Revised: August 8, 2008
(August 7, 2008) - Amending the Clean Air Act to Establish Democratic Legitimacy for the Residual Risk Program
Virginia Environmental Law Journal, Vol. 22, 2003 Patricia Ross McCubbin Southern Illinois University School of Law Date Posted: August 8, 2008 Last Revised: August 8, 2008
(August 7, 2008) - Is Religion the Environment's Last Best Hope? Targeting Change in Individual Behavior through ...
Stephen M. Johnson Mercer University Law School Date Posted: August 7, 2008 Last Revised: August 7, 2008
(August 6, 2008)
News
- City solicitor determines sign law is unenforceable
Worcester Telegram, MA - 4 hours ago
Mr. Reynolds had ordered Mr. Hawke to take down the signs, but Mr. Hawke refused, using case law and the state attorney general’s decision in another ...
Sign plan to be vetted at hearing The Republican - MassLive.com
all 3 news articles
(August 7, 2008) - Tinley Park OKs zoning for Vrdolyak law office building
Chicago Tribune, United States - 6 hours ago
Tinley Park trustees this week approved a zoning variance that enables the Vrdolyak Law Group to construct a two-story, 7500-square-foot building for its ...
(August 7, 2008) - Saginaw Township Planning Commission urges the suburb amend zoning ...
MLive.com, MI - 43 minutes ago
by Barrie Barber | The Saginaw News The Township Planning Commission this week urged the suburb to amend its zoning law to include the 513-acre block of ...
(August 7, 2008) - Environmental groups hope to join lawsuit
Asbury Park Press, NJ - 4 hours ago
In June, an appellate court ruled Jackson and Egg Harbor townships exceeded the mandates of the state Municipal Land Use Law when they passed local ...
(August 7, 2008) - Jury orders Cooper City to pay Chabad of Nova $325750
Sun-Sentinel.com, FL - 6 hours ago
Under the federal Religious Land Use law enacted in 2000, cities have to treat religious groups as any other business seeking zoning approval. ...
South Florida: Chabad to receive $325750 in lawsuit against city Sun-Sentinel.com
all 2 news articles
(August 7, 2008)
Blog Posts
- Unhappy homeless news … and a debate in Philadelphia …
Last week I wrote about good news in the effort to assist the chronically homeless in finding stable and fairly permanent housing. This week comes less sanguine news -- a controversy in Philadelphia over homeless people in downtown Rittenhouse Square....
(August 7, 2008) - Who Owns Animals?
Here at propertyprof we talk about things like who owns native culture (and who owns American folks culture--in the form of the game of monopoly)? Now, our friends over at The Slippery Slope have a podcast with animal rights lawyer...
(August 6, 2008) - Long Branch eminent domain case reversed and remanded
In a unanimous 85-page opinion, approved for publication, the Appellate Division today reversed the decision of Judge Lawson and remanded the controversial eminent domain case, City of Long Branch v. Anzalone, for a plenary hearing. The court agreed with the arguments made by the appellants that the record was devoid of the requisite substantial evidence of blight required by N.J.S.A. 40A:12A-5 and the New Jersey Constitution, Article 8, paragraph 3: We agree with appellants that, in light of...
(August 6, 2008) - Business Courts - Coming to an Ohio Court Near You (Maybe)
/**/ If you wait long enough, all things old become new again. For a brief four year period over 150 years ago, Ohio had a statutory "commercial court" in which business oriented disputes were resolved. Now a new four-year pilot program will try the idea out again. New Age of Business Courts Ohio is among many jurisdictions experimenting with the concept of specialized courts for "business" disputes. One of the driving forces behind this trend seems to be the impression/assumption that having...
(August 6, 2008) - YETTA KURLAND'S ON FIRE!
New York City Council candidate Yetta Kurland is having a "steamy" brunch on Sunday, August 24, 2008, at 11 AM, at 514 Fire Island Blvd (Fire Island Pines). Special guests will include Chef Josie (from Bravo's Top Chef) and Robyn Bird. Suggested admission is $125 for advance reservations, $150 at the door. Here's a copy of the event invite:
(August 6, 2008)