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Real Estate Archives

What is eminent domain?

The basis for a government taking is found in the Fifth Amendment to the United States Constitution. Tennessee residents may know it as the "Takings Clause." This clause in the Bill of Rights ensures that private citizens cannot have their land taken from them by the government without also receiving just compensation for their losses.

Protecting the property rights of Tennessee residents

One of the biggest investments that a Jackson resident makes during their lifetime is buying a home. When they buy a lot on which to build their dream home or acquire land where they plan to erect the building for their business, they may take on a mortgage or other significant loan that must be paid back. To this end, ensuring that property owners understand their rights and responsibilities regarding their land is imperative to protecting their ownership interests.

Remedies for boundary line disputes

A Tennessee resident may save money for much of their life to purchase a parcel of property. For many, owning property is a major life goal, a financial investment, and an opportunity to have something of value to pass on to their kids. A lot of planning can go into the property buying process, and when individuals who hope to buy property decide to move forward with their plans, they may wish to consult with real estate attorneys.

Just compensation is a key element of an eminent domain case

It is commonly held that a person cannot get something for nothing. The idea behind this concept is that everything has a cost - from what one gives in their personal relationships to what they literally pay when they choose to purchase a consumer good. All across Tennessee individuals make transactional decisions when they choose how to spend their time, energy and incomes.

Zoning and its impact on land use rights

Zoning is a complex real estate topic that can have serious repercussions on how individuals may use the land that they purchase. In Jackson and communities all throughout Tennessee, property owners' rights are impacted by the zoning regulations that attach to their parcels. Although this post will provide a general overview of what zoning is, it will not provide its readers with any legal advice. Consultation with an attorney should sought by anyone with case-specific questions.

What provisions must be included in an eviction notice?

Landlords in Jackson who want to evict a tenant cannot simply kick the tenant off their property. There is a legal eviction process that must be followed. Madison County is subject to the Uniform Residential Landlord and Tenant Act, which dictates how a tenant must be notified of the eviction, among other requirements. These requirements must be met for the eviction to be lawful.

What terms should you include in a real estate purchase contract?

Buying a home is exciting, especially for first time homeowners. However, there are legal aspects to purchasing a home in Tennessee, including the execution of a real estate purchase contract. This is the contract that is drafted when the buyer makes an offer on the property they wish to purchase. The following are some provisions that homebuyers may want to make sure they include in their real estate purchase contract.

When can the government take property under eminent domain?

Landowners in Jackson may have heard of the phrase, "eminent domain," but they may not know exactly what it means. Under the law of eminent domain, the government can take private property for public use only if the property owner is given just compensation in return. The "Takings Clause" of the Fifth Amendment to the U.S. Constitution serves as the basis for the law of eminent domain.

Real estate transactions in Tennessee have many legal components

Deciding to purchase a home or commercial building in Tennessee can be a huge step in a person's life. After all, individuals looking to become homeowners have often worked hard to save a down payment with the dream that one day they'll own a piece of property to do with what they wish, and businesses looking to build or purchase their own premises do so with the intention that owning real estate will be better for their enterprise than renting.

Self-help evictions can backfire on landlords

Sometimes issues come up between landlords and tenants in Tennessee. A landlord may believe the tenant has breached their lease in some fashion. This can be frustrating, and the landlord may wish to retake control of the rental property as quickly as possible. It can be tempting to do this without going through the eviction process as outlined in state law. This is known as a "self-help" eviction.

Contact us today to learn more about how we can help you resolve your legal situation.

To discuss your specific situation and to learn more about how we can help, call us at 731-300-1592 or submit an inquiry via our online contact form.

Spragins, Barnett & Cobb, PLC
312 East Lafayette
Jackson, TN 38301

Phone: 731-300-1592
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