I’ll say this up front: I like what insurance is supposed to be, but I don’t like what it is.

It is important in land development to understand the role of real estate legal descriptions and the different kinds that are commonly seen.

As most of us know there is no shortage of self-proclaimed real estate “experts” looking for us to part with our hard-earned money. All you have to do is get excited by the pitch, subscribe online, buy the book or course and part with some cash.

Then go get rich in real estate! … (sorry, I almost forgot that part).

A lien is the legal right a creditor has to pursue a claim against a defaulting debtor. The real estate involved in the transaction is security for the debt.

Buying or Selling easements is another non-traditional way I have profited from land.  There are different kinds of easements that we’ll look at, but an easement is simply a non-possessive interest in land. It’s a right that one party has for the use of another party’s land for a given purpose.

Existing laws governing real estate practices, general business activity and professional services exist of course, but knowledge of them and caring enough to comply can be a different matter. Being on the good side of the law is always the goal, but then there are the situations where I am legally right, but morally conflicted.

There is not much in the bundle of rights that comes with real property ownership that is more volatile than the subject of water rights. The water on the surface of a property, as well as underground, is subject to control at every level, international, federal, state and local. A great way to start looking at this puzzling mess and try to sort it out is to look at some of the governmental entities that have water interests.

Adverse possession is an involuntary transfer of land governed by whatever state the land is located in. It is an operation of law that has certain statutory requirements to qualify. The actual transfer of title is secured after a Suit to Quiet Title.

I believe that a person in the real estate business in a meaningful way must have a qualified Real Estate Attorney. The time to find this person is before trouble starts, and a wise person finds use for their attorney to prevent trouble in the first place.

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