Monday, February 3, 2014

What is a Real Estate Law Practice in Texas?

San Antonio Texas Real Estate Attorney Trey Wilson wrote:

In Texas, Real estate law is generally divided into 3 categories: Residential real estate law, Commercial real estate law, and farm and ranch real estate law.  Although each of these areas has some qualities unto its own, there are many, many legal principles common to each real estate law area of practice. 

These areas of concentration are generally defined as follows:
  • RESIDENTIAL REAL ESTATE LAW. Legal practice including advice and services in connection with the acquisition, ownership, leasing, financing, use, transfer and disposition of residential real property (single family homes, condos, apartments, etc.).
  • COMMERCIAL REAL ESTATE LAW. Legal practice involving advice and services in connection with the acquisition, ownership, leasing, financing, use, transfer and disposition of real property other than residential, farm, ranch, oil, gas and mineral matters (office buildings, industrial buildings, restaurants, retail, warehouses, parking lots, staging areas, plant and factory sites, manufacturing buildings, etc.).
  • FARM AND RANCH REAL ESTATE LAW. Legal practice involving advice and services in connection with the acquisition, ownership, financing, use, transfer and disposition of farm and ranch property, including a basic knowledge of mineral rights (farms, ranches, hunting operations, equine operations, animal husbandry facilities, etc.).
It is probably fair to say that most Texas lawyers whose practices emphasize real estate law (i.e. "real estate lawyers") handle -- to varying degrees -- residential, commercial and farm & ranch real estate law.  Also, many real estate lawyers limit their practices to transactional work (drafting deeds, contracts and other documents related to real property) or real estate litigation (the filing or defense of lawsuits related to real property) 

Although Oil & Gas Law and Water Law are generally characterized as separate but related areas, they are closely related to real estate law in Texas.

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