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Real Estate

Buying property can be daunting, especially when you are not certain of the legal aspect of making such a large purchase. At Byrd & Byrd, we can help you make the best decisions with the best legal advice from our highly-trained attorneys. From deeds to contracts, to settlement, you will be in the right hands. We handle any of the following real estate issues:

Deeds | Land Disputes | Landlord/Tenant | Settlement  

For a quick response to your questions regarding Real Estate, contact us at 301.464.7448.

Deeds

Deeds convey real property from one individual to another. There are several types of deeds and different types of ownership interests.  Most commonly, individuals will hold title to property in one of three ways: tenants by the entirety (only for married individuals); tenants in common (each person owns an undivided share of the whole and when the individual dies, his share passes through his probate estate); and joint tenants with rights of survivorship (upon the death of one owner, the property passes automatically to the remaining owners without having to pass through probate). It is important to make sure the type of ownership interest is referenced properly in the deed.  Common types of deeds include the following:  

  • Quit Claim Deeds: These deeds transfer whatever interest you have in the property to another person. There is no verification of your ownership interest.
  • No Consideration Deeds: These deeds transfer an ownership interest in the property to another individual for zero dollars. Generally, there is no title search.
  • Life Estate Deeds: These deeds provide that the grantor owns the property for and during the term of his natural life and then immediately upon his death, the property passes to the remainderman named in the deed. There are two types of life estate deeds – with powers and without powers. Generally, if a grantor retains powers, then he has the right to dispose of or encumber the property as he pleases; whereas, if the grantor does not retain powers, then he is not able to sell, encumber, or otherwise dispose of the property without the remainderman’s permission. Life estate deeds without powers can be a useful tool in Medicaid planning. On the other hand, a life estate deed with powers can be detrimental for Medicaid purposes.

Before transferring property, it is always best to consult with an attorney to ensure proper titling of the property and to ensure that the ownership interest is what you intend.

For a quick response to your questions regarding Deeds, contact us at 301.464.7448.

 

Land Disputes

A land dispute arises when land ownership or other rights are contested among two or more parties. This can result from unclear agreements and contracts, title and easements disputes, or simple misjudgments. Issues involving land disputes include adverse possession, which occurs when one individual acts as if he were the owner of the property for a period of time and the true owner then loses his ownership interest as a result of such action. Another type of land dispute is a quiet title action. This occurs when a party brings a lawsuit to determine who the owners of the property are once and for all.  

For a quick response to your questions regarding Land Disputes, contact us at 301.464.7448.

Landlord/Tenant

All too often there are issues that arise in a real estate rental situation.  At Byrd & Byrd, LLC, we represent both landlords and tenants to resolve these disputes.  If a tenant has failed to pay   their rent as agreed and in a timely manner, or failed to otherwise comply with the lease terms, we can assist the landlord with a Failure to Pay Rent action, Tenant Holding Over action, or Breach of Lease action.  On the other hand, if a landlord has refused to make required repairs, has failed to give proper notice of inspections, or has failed to give proper receipts, we can assist the tenant with a Rent Escrow action or Breach of Lease action.

For a quick response to your questions regarding Landlord and Tenant issues, contact us at 301.464.7448.

Settlement

If you have a settlement date and need assistance in reviewing the HUD-1 or Deed, or would like an attorney to represent you at closing, our attorneys can assist you. Contact us at 301.464.7448 for assistance.