Short-term rentals in real estate



Even short-term rentals like hotel stays and house rentals are part of real estate law. The regulations that surround short-term rentals are quickly changing throughout the United States as more homeowners want to use home sharing websites to rent out their property. Short-term rentals are a part of local residential restrictions, and they are controversial. Real estate attorneys may represent homeowners, their neighbors, home sharing websites or even governments as people debate, challenge and enforce home sharing restrictions.

 

Who practices real estate law?

Real estate lawyers exist in every location throughout the United States. Large cities and small towns need real estate lawyers to serve the community. Because real estate law is often created by local governments, there are real estate attorneys that work in locations both large and small. Most real estate attorneys serve clients that interact with a handful of local governments in the surrounding areas. Real estate attorneys work in large firms, solo practice and everything in between.

Attorneys who practice real estate law must be outstanding writers. A single word can impact property ownership. Real estate attorneys are some of the best writers in the legal profession. An attorney who practices real estate law must enjoy reading and writing and must have outstanding drafting skills. Although real estate attorneys must be skilled litigators when a case heads to court, real estate law is a good fit for attorneys who are most comfortable with research and writing.

Why become a real estate lawyer?

Real estate is often the most important asset for an individual or a company. Real estate transactions are worth thousands and even millions of dollars. Clients depend on experienced real estate attorneys to assist them with this important work. Real estate law changes lives. For attorneys who enjoy writing and working on important cases, real estate law can be a good fit.

 

Working with land and law

Real estate lawyers help their clients gain, use and sell real property. Lawyers who work in real estate law live and work throughout the United States with clients large and small. Every location needs qualified real estate lawyers, and real estate often depends on local law. Real estate lawyers help clients transfer ownership, challenge restrictions and facilitate activity within the area of real property.

 

 

https://www.investopedia.com/ask/answers/100214/what-difference-between-real-estate-and-real-property.asp

Real Estate vs. Real Property: What's the Difference?

Real estate and real property certainly sound very similar, and the two concepts have a lot to do with each other, but there are subtle differences between them. Understanding those differences can help you understand the subtleties of the land you own and how you own it. While real estate often refers to land, the term real property takes things a little further and examines the rights related to that land.

 

Real Estate

Real estate is simply a piece of land plus any natural or artificial—man-made—improvements that are attached or have been added. Natural attachments are part of the land and include trees, water, valuable mineral deposits, and oil. Artificial improvements include buildings, sidewalks, and fences. Real estate can be split into two broad categories: residential and commercial.

Residential real estate is property intended for human habitation by a single family or multiple families. Real estate may be leased or owner-occupied, but the term residential real estate most often refers to leased property.

Commercial real estate has a business use and focus. This property type includes office buildings, malls, restaurants, and other such activities. Commercial real estate may be owner-occupied or leased. Industrial real estate is a subdivision of commercial real estate and includes property where manufacturing, warehousing, production, and assembly take place.

 

Real Property

Real property is a less commonly used term and as such, is a less commonly understood concept. Real property, is a broader term and includes the land itself and also any buildings and other improvements attached to the land. It also encompasses the rights of use and enjoyment of certain land, as well as any of its improvements.

Renters and leaseholders may have the right to inhabit land or buildings, a real property consideration, but those things are not considered real estate.

Real property includes real estate, and it adds a bundle of rights. This bundle of rights is a broad term used to organize property rights—as they relate to real estate. In a nutshell, it grants property owners the ability to use their property as they see fit.

 

A bundle of rights is composed of five different rights of the property owner:

1. The right to possess is the right to occupy the property.

2. The right to control is the right to determine interests and uses for others.

3. The right to enjoy is the right to use the property without outside interference.

4. The right to exclude is the right to refuse others' interests or uses for the property.

5. The right to dispose of is the right to determine how and if the property is sold or given to another party.

There are some other complex exceptions and restrictions to these rights and legal treatments.

In general, the difference between real estate and real property boils down to the inclusion of the bundle of rights. The real property consists of both physical objects and common law rights whereas real estate consists only of physical objects.

 

KEY TAKEAWAYS

· Real estate is a term that refers to the physical land, structures, and resources attached to it.

· Real property includes the physical property of the real estate, but it expands its definition to include a bundle of ownership and usage rights.

· The distinction is most useful in the real estate world, where different ideas might apply to owners versus renters or leasers.

· To most of the general public, the idea of real estate encompasses real property, but from a legal perspective, the distinction is important.

· The real property consists of both physical objects and common law rights; real estate only consists of physical objects.

 


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