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General information on legal service

Real estate law is a complex and extensive legal field dealing with all legal aspects related to real estate assets. This field covers a wide range of topics, from sale and lease transactions, through planning and construction, to neighbor disputes and property rights. When dealing with real estate issues, it's important to be aware of your rights and the options available to you.

Subfields in Real Estate Law

  1. Real Estate Transactions: includes purchase and sale of properties, lease agreements, and mortgages.
  2. Planning and Construction: deals with building permits, land use changes, and claims related to construction defects.
  3. Real Estate Taxation: focuses on capital gains tax, purchase tax, and betterment tax.
  4. Registration and Rights in Real Estate: includes land registry registration, rights arrangement, and due diligence.
  5. Urban Renewal: deals with evacuation-construction projects and TAMA 38 program.
  6. Neighbor Disputes: handles issues such as boundaries, noise, and use of shared spaces.
  7. Tenancy Laws: focuses on rights and obligations of landlords and tenants.

How a Real Estate Lawyer Can Assist You

A real estate lawyer can be a valuable asset in dealing with any real estate issue and provides many services:

  • Comprehensive Legal Advice: providing deep understanding of rights and obligations in any real estate transaction.
  • Negotiation Management: representing your interests during negotiations on contracts and deals.
  • Due Diligence: thorough examination of documents related to the property, including land registry records and existing liabilities.
  • Contract Drafting and Review: ensuring contracts that protect you and comply with legal requirements.
  • Representation in Legal Proceedings: handling disputes and protecting your rights in court or mediation processes.
  • Guidance in Planning and Construction Processes: obtaining permits and dealing with planning and construction authorities.
  • Tax Advice: assistance in minimizing tax liability in real estate transactions.

Recommended Real Estate Lawyer: Why It's Important?

Choosing a recommended real estate lawyer is critical to the success of any real estate transaction. A lawyer with experience and comprehensive knowledge in the field can save you time, money, and much heartache. They will be able to identify potential problems in advance and offer creative solutions. Additionally, a recommended real estate lawyer will have good connections in the field, which can help expedite processes and open doors.

LawReviews: Your Way to Find a Real Estate Lawyer

In the complex world of real estate law, finding a real estate lawyer can be a challenging task. LawReviews is a unique platform that allows you to read genuine reviews from previous clients, search for lawyers by areas of expertise and location, and get a complete picture of the lawyers' experience and expertise.

Frequently Asked Questions

What is the process of registering an apartment in the Land Registry (Tabu)?
Registering an apartment in the Land Registry involves submitting documents to the Land Registrar, including the purchase contract, tax clearances, and rights confirmation. The process may take several months, and it's recommended to seek assistance from a real estate lawyer.
What is due diligence in a real estate transaction?
Due diligence is a comprehensive process of examining all legal, economic, and physical aspects of the property before purchase. This includes checking Land Registry records, building permits, debts, and property rights.
What is a betterment levy and when does it apply?
A betterment levy is a payment required from a property owner when the property value increases due to changes in the urban building plan. It applies when selling the property, obtaining a building permit, or for exceptional use.
What is TAMA 38 and how does it affect apartment owners?
TAMA 38 is a national outline plan for strengthening buildings against earthquakes. It allows apartment owners to upgrade the building and add building rights in exchange for reinforcing the structure.
What are the first steps I should take if I'm interested in buying an apartment?
First, you should check your financial capacity and get preliminary mortgage approval. Then, it's recommended to hire a real estate lawyer who will guide you through the process, perform due diligence, and assist with negotiations.
What is the importance of a detailed rental agreement?
A detailed rental agreement protects the rights of both the landlord and the tenant. It defines the terms of the lease, including the rental period, rent amount, responsibility for repairs, and conditions for terminating the contract.
What are the risks in buying an apartment from a contractor?
Risks include delays in delivery, construction defects, and changes in plans. It's important to ensure that the contractor is registered and has appropriate guarantees, and to thoroughly check the contract with a real estate lawyer.
What is the right of first refusal in real estate?
The right of first refusal is a contractual right that allows a specific party (e.g., a tenant) to purchase a property before it is offered to third parties, under identical terms to the offer received from a third party.
How to deal with neighbor disputes regarding shared property?
First, try to resolve the dispute through direct dialogue. If that fails, contact the building committee or a mediator. If there's still no solution, consider mediation or legal proceedings with the assistance of a real estate lawyer.
What is the importance of checking building rights before purchasing a property?
Checking building rights is essential for understanding the potential for expansion or renovation of the property. It can significantly affect the property's value and its future possibilities.

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