1. Why is a detailed title review and written opinion necessary before purchasing a property?

The history of a property can harbor hidden problems—both small and large—if the title has not been properly examined and corrected. Our real estate attorneys conduct a meticulous title review and provide a written opinion to identify potential issues. This process allows us to assure you that the title is clear, or if there are any problems, provide you with the information necessary to clear property titles, providing you with the confidence and security that your investment is protected from future ownership disputes.

2. How do you handle property access issues like easements and rights of way?

Property access can become highly problematic if the specific guidelines are not clearly defined in past title work or current contracts. Our firm assists clients in establishing clear access guidelines during a purchase or sale. We also help navigate and solve complicated access problems discovered in the past to ensure your rights to the land are legally sound and specific.

3. What should I do if a neighbor claims I have encroached on their property?

Boundary disputes are technically complicated and sensitive issues. Whether you have been notified of a potential encroachment or you suspect a neighbor has encroached on your own land, it is imperative to contact an experienced real estate attorney immediately. Our team provides professional representation to solve these disputes and ensure property lines are accurately recognized.

4. Can I place a legal claim on a property if someone owes me a debt?

Yes. A property lien is a legal claim on a tract of real estate that grants the holder a specified amount of money upon the sale of that property. Liens are an effective tool to ensure the eventual payment of a debt. If you believe an individual or business is in debt to you and they own real estate, our attorneys can consult with you on the process of securing a lien.

5. Is legal representation needed for property transfers between family members?

Absolutely. Perhaps the most common title issues arise when land has been passed in the family for multiple generations and there has been no title review at the time of conveyances. Proper legal help is critical whether a transaction is a complex business deal or a simple family transfer. Making certain that the transfer of title and ownership is properly documented is the only way to ensure that no legal issues or disputes surface in the future. Working with attorneys who focus exclusively on real estate is a wise investment for any change in property ownership.

6. Is it worth having a real estate attorney review a contract before you sign it?

Absolutely. The initial sales contract is likely the most important document in buying or selling real estate. Knowing what is included or excluded is something you need to be comfortable with before you sign the contract. There are many details that need to be reviewed in a typical real estate contract. It is definitely wise to consult with an experienced real estate attorney.

7. In a real estate contract, what is a disclosure statement?

Part of the seller’s responsibility is to disclose, in the contract, any issues that have or do affect the property. For example: Have there been wiring or electrical issues, past water damage, along with the remedies; environmental hazards such as lead paint, mold, or asbestos; property boundary disputes; issues, et cetera?
As a buyer, it is crucial that you review each disclosure and ask appropriate questions before signing the contract. Working with an experienced real estate attorney could be a wise investment.

8. What do you need to know about easement laws?

Sometimes, property owners lack the ability to reasonably access either a portion of their own land or public land without crossing onto another person’s property. A documented easement grants property owners these rights by establishing that the individual has an interest in the use but does not own the land over which the person is crossing. For example, in North Dakota, an easement can cover a variety of rights, including: drainage, historic preservation, light and air, right-of-way, sidewalks, solar access, and utility access. Working with an experienced real estate attorney will help you understand what rights you do or do not have on a piece of property.

9. When purchasing a condominium property, what should you know about bylaws and covenants in North Dakota?

Condominiums are managed by homeowner associations. These associations are governed by terms and conditions that are described in detail in the association bylaws. Also, there are usually covenants, conditions and restrictions documents that apply to the condominium property. They address how certain rules and regulations apply to the individual condominium property and the common areas. For example: limitations on the types of pets a person can own; whether or not a business can occupy the property; if outside antennas are allowed; the types of plantings allowed around the exterior, et cetera. It is extremely important you read and understand these documents before you sign a contract. Having an experienced real estate attorney review them with you is wise, so you won’t experience disappointment once you’ve moved in.

10. What is a title search and why is it important?

A real estate attorney plays an important part in preparing for the closing process. By reviewing the property history, they will make sure the title to the property is clear. For example, they may find there are potential issues such as easements, unpaid taxes, or liens. By identifying these property problems before closing, you will prevent legal issues and delays.

11. The real estate agents seem to have a pretty detailed contract. Why would I need to hire a real estate lawyer?

Real estate agents either represent the seller or the buyer in the sale of a property. They do not have an in-depth knowledge of real estate law. After a sale has been completed, it is very difficult for the buyer or seller to address a problem. Working with an experienced real estate attorney should give you the confidence that all the details are addressed BEFORE you sign your name to what is most likely the biggest investment of your life.