REAL ESTATE LAW 

IN ROGERS, AR

Includes: Buying a Home, Selling a Home, Real Estate Litigation, Contracts, Drafting Offers in Acceptance, Property Owners Association, Homeowners Association

Purchasing, renting or leasing a home often comes with a lengthy contract that includes, among many other matters, the price, financing arrangements, disclosures regarding the condition of the home, and warranties. The real estate attorneys at MCRMT have extensive experience representing both buyers and sellers in drafting and reviewing residential real estate purchase, rental and lease agreements.

Commercial contracts involve the sale, rental or lease of property for business purposes. These agreements may last for several years, include special conditions, and may involve specific payment obligations. Like residential agreements, MCRMT has represented numerous buyers and sellers to these contracts and are well educated on how these agreements are structured and should be written.

There are times where a person, company or government agency may need to use only a portion of a piece of property for reasons such as utilities, sidewalks, or access from one piece of property to another. These instances may involve obtaining an easement, a conditional use permit, or condemnation of the property. MCRMT has handled many cases filing for such permits or opposing certain uses.

Most real property is given a zoning which requires the property only be used for specific purposes. Sometimes the use of property changes over time and thus the zoning must be changed to permit the new use of the property. For example, a property may be zoned residential but now the owner desires to use the property for business purposes. Changes in the zoning for real property requires an application process, notice requirements, and a hearing before the local planning commission. The attorneys at MCRMT know the zoning process and will make sure that all legal requirements are met.

Property Owners Associations, or POA’s, are entities created for neighborhoods or sections of a city to implement and enforce certain requirements unique to that neighborhood, often called restrictive covenants. POA’s often enact rules regarding designs and uses of a home, general maintenance and upkeep of common areas, and POA dues to pay for expenses for the benefit of the neighborhood. At MCRMT, our attorneys have worked with numerous POA’s regarding the interpretation, implementation and enforcement of restrictive covenants.

Ownership of real property can sometimes come into question. This can occur in instances where the true owner of property is in question or may be where there is a dispute over where the boundary line of the property lies. A quiet title action is the legal process in which a court confirms the rightful owner of the property or determines the proper property boundary lines. The real estate attorneys at MCRMT have handled many cases involving property ownership and boundary lines.

An easement gives a person the legal right to use the property of another. The most common type of easement is an easement for ingress and egress (entry and exit) to a public road. Easements may also benefit utility providers or the public. A separate but related legal issue is that of common boundary lines. Neighboring landowners occasionally dispute the location of boundary lines and may need a court to declare the proper line. Our real estate lawyers can assist with easement and boundary line issues.