Buying a home is a major expense, which makes it very important that you understand and protect your rights as a homeowner. There are many laws that apply to real estate and transactions involving real estate. A licensed real estate attorney can give you sound advice about your real estate transactions in order to protect your property rights.
Common Violations of Homeowner’s Rights
As a homeowner you have the right to enjoy your home as you see fit. However, many things can happen that may appear to violate your right to enjoy your home:
- Building codes and zoning laws can interfere with your rights as a homeowner
- A complaint from your neighbors may cause law enforcement to investigate
- Building inspectors may harass you at your home
- There might be private and public easements that give others the right to use portions of your property
- Ordinances on noise and light may seem to disregard your rights
- You might have a problem with trespassers
- An easement to your property may be blocked by road construction or cars from a neighbor’s house
- You might be threatened by lack of utilities or water rights
- If you leave the home vacant, it is possible that someone can move into it and file for adverse possession, which actually threatens your ownership of the property
- Homeowner’s rights are often violated during attempted foreclosures that don’t take into consideration the rights of a homeowner
If you own property and you feel that your property rights are being violated you should consult with a real estate lawyer. As the owner of a property, you have the right to determine how the property will be used. An experienced real estate lawyer can delve into the history of a property to find out if there are any restrictions or covenants that existed before you purchased the property and whether or not they are valid by law.
Your property rights include the right use the land or property structures, the right to rent it, sell it or to transfer it. You even have the right to destroy your property or to protect the property from being destroyed by others. If you own a home and are renting or leasing it to others, you may experience problems you’re your tenants. See our section on Landlord-Tenant Rights for more information.
Disputes with Neighbors
Common disputes between neighbors involve trees, fences / boundaries, noise, secondhand smoke, water damage, and abandoned vehicles, and the laws for such disputes vary from state to state. If you believe that your property rights have been violated, most attorneys will discuss your situation and inform you upfront whether you have a good case or not.
If you are in the process of buying a home, it is best to consult with an attorney before you make any commitment to buying the property or financing the transaction. It is also a great idea to have an attorney who is working for you to review real estate contracts and agreements before you sign them.
Overall, when it comes to buying a home or owning a home, it is up to you to ensure that your rights are protected. The best way to protect your rights as a homeowner is to consult with an attorney who is familiar with homeowners rights legal services and property law in your particular state.