Real Estate Newsletters

Judgment Liens and Other Types of Liens against Real Property

Most agreements for the sale of real estate contain a clause that requires the seller to convey "marketable title" or "merchantable title" to the buyer. In essence, "marketable title" refers to a title free of encumbrances. A lien is an encumbrance upon real property, and the existence of a lien on real property renders the title unmarketable.

Sharecropping

Generally speaking, the term "sharecropping" refers to an agreement between a property owner and another person whereby the property owner hires the other person to farm the property owner's land. In exchange for the person's labors, the person is entitled to receive a share of the crop or harvest.

Trespass

An owner of real property, by virtue of the owner's interest in the property, has the right to be free from intrusions upon the property by others. A trespass results from any intentional intrusion upon the property of another. Generally speaking, a property owner's right to prevent such intrusions is absolute.

Foreign Investment in Real Property Tax Act FIRPTA

In the year 1980, Congress enacted the Foreign Investment in Real Property Tax Act (FIRPTA). The law can be found at 26 U.S.C.S. § 1445. Briefly stated, the law provides that if a seller of real property is a "foreign person," the buyer must withhold a tax equal to 10% of the gross purchase price, unless an exemption applies under the law.

Rights of a Possessor

At common law, possessors of property who sought to recover possession from a subsequent possessor could bring a suit that alleged a trespass to land or a trespass to chattels. Another form of relief was a suit that alleged conversion. Adherence to the pleading technicalities was critical, but in each case, the possessor had to allege that he or she was the prior possessor. Remedies in these common law actions included the recovery of the items allegedly taken or the ejectment of persons from the possessor's land.