A main focus of our firm has long been real estate law. It is an exciting area of the law because of the many and varied issues involved. The first things to come to mind when real estate law is discussed are contracts for sale of real estate and transferring documents such as deeds. In Kansas, all transactions affecting real property must be in writing in order to be enforceable under statute.
When drafting a real estate contract it is important each party to the contract be identified, the property interest accurately described, and the terms and conditions of transfer properly set out. Real estate transactions often require assessing and planning for various tax consequences. Our attorneys work closely with the client to insure the client obtains the expected outcome.
Important to all contracts for the sale of real estate is the preparation of a proper deed. A deed is the document most often used to transfer ownership of real property. A deed is usually a simple document to prepare, but careful consideration must be given so to avoid future problems concerning the validity of the transfer.
Real estate law, of course, encompasses much more than the preparation of contracts and deeds. Our firm also has extensive experiences in preparing and evaluating a wide range of leases, including residential leases, commercial leases, agricultural leases and oil and gas leases. Each type of lease presents a different set of concerns to be addressed. The terms and conditions of all leases are depended upon the needs of the parties involved. All leases, however, are in part controlled by Kansas statutes which must be considered when drafting lease agreements.
Another interesting, but lesser known area of real estate law includes land use planning and zoning. The role of an attorney changes with the issue presented. Most zoning issues are strictly controlled by local ordinance. Zoning ordinances can differ from one community to another. This requires the attorney to review and interpret local zoning regulations for the client and often necessitates the attorney to represent the client at various local boards and commissions.