PERTINENT ISSUES IN REAL ESTATE LAW
The real estate industry faces several issues ranging from political, economic, and social matters. Real estate property is regulated by the federal and state laws, and also common law. Real estate property encompasses houses, trees, minerals, and interests, benefits, and rights that are attached to the real property (Jennings, 2013). The state laws deal with real estate issues, which include property rights and interests, sales, purchase, and transfers of other real estate property. It also deals with legal aspects of rental property, title ownerships, zoning, and land use, home loans and foreclosures, and other related issues. Real estate and property laws are inconsistent and vary in different cities and states. The key in regulating house prices, defend tenant and landlord rights and ensure peaceful coexistent in real estate neighborhoods.
The federal state and common laws play a role in ensuring that property laws are adhered too. All those who engage in illegal businesses or practices are held accountable under the jurisdiction of the court. We have witnessed people being arrested after snatching people’s land, demolishing properties, and also being inflicted injuries. The different states are making an effort to developing rules and regulations to govern all aspects of property ownership and use.
Article on the legal rights of squatters by Robert, 2017
All citizen has equal rights to property ownership and a safe home environment. More than 1 billion people live in squatter communities across the world, and they face a lot of challenges. He describes the legal, political, economic, and organizational challenges that squatters face in their household settings. It is clear from this article that squatters or slums are the emblem of human misery attributed to impoverishment and starvation, and are considered an enemy in the civil society. The unprivileged communities are often abandoned, and any effort they make becomes a fortune to upper communities (Neuwirth, 2017). Robert stipulated that squatter communities have a right to secure titles, access quality health services, and should not be evicted by establishing successful initiatives to meet their needs.
It is time that the government directs the effort to ensure that squatters acquire the houses they need. They should be provided with the resources and support necessary legal acquisition of property. What is the point of establishing laws which are not practice? We are seen squatter communities being evicted from government-provided settlements just because a “new” popular owner has seen a business opportunity? Every day politicians use their power, in the name of government land, to acquire property for personal use from the poor communities. Neuwirth (2017) stated that a balance should be developed between the interests and legal property ownership. Squatters should be protected, own property, and be provided with basic resources to improve their lifestyles.
Real Estate Issue
Real estate property owners face a lot of challenges. In Maryland, 4.2% of the population are immigrants who have settled in different parts of the country (Taylor, 2014). There are many instances where the immigrants occupy abandoned lands land only to be evicted a few years later. Besides, business people have erected buildings after lacking rental properties in the outcasts of the town due to high prices. A complaint was raised in the court of law by Mr. N. after being evicted from an abandoned property after occupying for 19 years. The land was near a dumpsite are, but he rehabilitated the land due to the rising cost of houses and his poor economic state. He dug a pit for waste disposal, fenced the land, and build a home for his family. After 19 years, the owner showed up and wanted to demolish the property but was prevented by the neighbors, and he took imitative to report.
The owner felt that Mr. N. had illegally occupied his land, which is against the law. The country grants citizens the right to own property in any party and should possess a title of ownership. Most people agreed that the trespasser should move out, but it would be unfair. I feel that he did improve the usability of the proper and infact, improve waste disposal. The complaint was left in the court to make a verdict regarding the ownership of property.
Laws applicable in solving the issue
The real estate laws in Maryland govern landlords, tenants, and property. The homestead protective laws allow homeowners to claim equity off-limits with bankruptcy proceedings (Taylor, 2014). In general, real estate laws were established due to the rise in tenant exploitations, rise in crime rates, and increased complaints between landlords and tenants. Through the establishment of these laws, the country grants estate participants (landlord, tenants, and squatters) specific rights exercised c property ownership. Many at times, tenants are evicted from a building, maybe due to building collapse, crimes, personal disagreements, and change of property ownership without following legal procedures (Gardiner, 2017). Landlords have the authority to protect their tenants from harm while they live in their property. In this paper, I will discuss the legal rights of squatters in Baltimore, Maryland.
Squatters have the right to own property if they satisfy the state’s requirements. The law of adverse possession ensures that landowners keep an eye on their property and make use of them (Gerstenblith, 2018). The concept allows squatters to gain legal title from landowners after meeting specific conditions such as improving land conditions (Taylor, 2014). In Maryland, a squatter is granted a title after using a property for at least 20 years openly and appropriately, payment of taxes, and be a hostile claimer, that is, be aware of his tress passing or occupy land unknowingly. Other requirements include actual possession, exclusive and continuous possession, and open and notorious possession.
The court ruled granted the title to the squatter as he had fulfilled all other conditions, and a year was only remaining. I feel that the law court in our state was fair and has made an impressive effort to protect all immigrants.
Recommendation on how the issue can be solved
The settlement of issues should take into account the complaints of both parties. I recommend that the legal system is only able to solve the issue completely because they have the authority to change land titles. Landowners should understand the laws governing property ownership and ensure that they abide by them. In the above case, the owner did not visit the land for long, or he visited he did not warn the trespasser, did not pay taxes, nor did he take care of the land. If you can’t hold property as a value, they should remember that encroachment on such lands is legal in the country. Property owners should rent out the property for security purposes or establish projects that do not require yearly visits. Squatters should be respected, and their rights respected.
Conclusion
The utilization of state laws to prevent the occurrence of conflicts between tenants and landlords. The environment withing real estate properties should inflict no harm to the residents and promote security. The legal rights of all individuals, especially the poor, immigrants, and slum communities towards property ownership, should be respected.
References
Gardiner, B. (2017). Squatters’ rights and adverse possession: a search for equitable application of property laws. Ind. Int’l & Comp. L. Rev., 8, 119. Retrieved from: https://heinonline.org/HOL/LandingPage?handle=hein.journals/iicl8&div=9&id=&page=
Gerstenblith, P. (2018). Adverse Possession of Personal Property, The. Buff. L. Rev., 37, 119. Retrieved from: https://heinonline.org/HOL/LandingPage?handle=hein.journals/buflr37&div=8&id=&page=
Jennings, M. M. (2013). Real estate law. Cengage Learning. Retrieved from: https://books.google.co.ke/books?hl=en&lr=&id=YZgWAAAAQBAJ&oi=fnd&pg=PP1&dq=pertinent+issues+in+real+estate+laws&ots=61wGkwWFar&sig=59YZN52G0nrnXe5Ymjlh7nIW0O0&redir_esc=y#v=onepage&q=pertinent%20issues%20in%20real%20estate%20laws&f=false
Neuwirth, R. (2017). Squatters and the cities of tomorrow. City, 11(1), 71-80. https://rsa.tandfonline.com/doi/abs/10.1080/13604810701200797#.XqcqxmgzbIV
Taylor, W. E. (2014). Titles to Land by Adverse Possession. Iowa L. Rev., 20, 738. Retrieved: https://heinonline.org/HOL/LandingPage?handle=hein.journals/ilr20&div=58&id=&page=