Real Property Law
Brydie & Associates’ Real Property Law practice area focuses on the legal rights, interests, and obligations related to land and an individual’s rights associated involving the acquisition, use, development, leasing, and sale of residential, commercial, agricultural, and industrial properties.
Attorneys at Brydie & Associates can provide services that include reviewing and drafting purchase agreements, lease contracts, easements, and deeds, resolving title defects; advising on zoning, land use, and environmental compliance; and representing clients in boundary disputes, eminent domain proceedings, and Quiet Title Actions.
Quiet Title Actions
A Quiet Title Action is a legal proceeding used to establish clear ownership of real property by resolving disputes or uncertainties about the title, or deed, to a property. Usually, the claims alleged in these suits are the result of defects in the title, liens, boundary disputes, or claims from missing heirs, all of which confuse or “cloud” ownership of the property.
The goal of a quiet title action is to “quiet” any challenges or claims to the title of a property. Once granted, a court order from a quiet title action removes any doubt or competing interests, providing the property owner with a marketable and insurable title.
Property Liens
A property lien is a legal claim placed on real estate by a creditor to secure the payment of a debt or obligation. When a lien is attached to a property, it gives the lienholder a legal right to a portion of the proceeds if the property is sold. In some cases, the lienholder may even have the ability to force a sale to satisfy the debt.
There are various types of property liens, including mortgage liens (voluntary liens granted by the homeowner to a lender), tax liens (filed by government entities for unpaid property or income taxes), mechanic’s liens (filed by contractors or suppliers for unpaid work or materials), and judgment liens (resulting from a court ruling in favor of a creditor).
Until the lien is resolved—either by payment, settlement, or legal action—it can complicate or prevent the sale or refinancing of the property. Understanding and addressing liens is an essential part of ensuring clear title in any real estate transaction.