Adverse possession is a right to use or own property that is the result of continued use and occupancy over a period of time, generally ten or thirty years depending on how the property was possessed. If a non-owner of property occupies and uses the property without the permission of the actual owner for long enough, the law will find that the actual owner has lost his or her rights in the property and ownership has transferred. Since the doctrine of adverse possession results in taking property without payment, the principle is applied very carefully by the courts and only if certain specified conditions are met. Thus, for example, the adverse use must be obvious to the real owner. And the use must be hostile, meaning that it is without the permission of the real owner. Use of another's property with the permission of the owner will never create a right of adverse possession.

Adverse possession issues arise most often where an adjacent property owner encroaches on a neighbor, although they may also arise in other situations. For example, assume your neighbor erects a fence three feet onto your property, preventing you from using that space, and starts using the land as a garden. Obviously, as owner you would have the right to remove the fence and the garden. Or, you could sign an agreement with the neighbor allowing him to use the land with your permission for a specified period of time. But, if as owner you took no action, and the adverse use continued for the specified number of years, the neighbor could come to actually own that portion of the property. For this reason it is important when purchasing property to check for encroachments and adverse uses, and conduct a survey if there is any question as to where the property lines actually are.

One goal of zoning is to separate property uses into distinct zoning districts (residential, commercial, industrial, etc.) and to keep uses within each zone uniform. For example, if a district is zoned for residential use, no businesses will normally be permitted to open there. But, what happens to a business that existed and was operating prior to the time when its location was zoned residential?

At this point, the constitutional prohibition against taking property without just compensation comes into play. If a use predates the zoning plan, it will be permitted to remain, because the government lacks the power to simply close a business in a zone that becomes residential, or require a home in an industrial zone to be torn down, unless it is willing to compensate the owner for the loss. Such exceptions are called nonconforming uses. Commonly, the portion of the zoning statue allowing prior nonconforming uses is called a grandfather clause and such a use is said to be grandfathered in.

Nonconforming uses, however, are not exempt from all zoning regulation. While they cannot be taken (without compensation), the government is not required to allow them to change or expand. The use is generally limited to what existed when the zoning ordinance was adopted. Also, if the nonconforming use is abandoned or ceases, the grandfather rights are lost, and the nonconforming use cannot be restarted at a later date. Under many laws, if a nonconforming structure is destroyed by fire or other cause, it may not be rebuilt. The hope is that with these restrictions in place, nonconforming uses will decrease and cease over time.

There are indeed companies and investors who specialize in buying foreclosed properties and make money doing so. This is, however, an extremely high-risk form of investment that is definitely not for the inexperienced or faint of heart.

Consider the differences between a sheriff's sale and a standard real estate purchase. In a normal sale transaction, the seller gives the buyer an opportunity to inspect the property, and provides promises and warranties regarding title. These promises are in turn generally backed up by a title insurance policy or an attorney's title opinion. In a sheriff's sale, none of these safeguards exist; the rule is caveat emptor, or let the buyer beware. The deed that the sheriff conveys to the purchaser has no covenants, warranties, or representations of any kind, and the purchaser generally has no recourse if there is something wrong with the title to the real estate.

Another major problem with purchasing at a sheriff's sale is that there is little or no opportunity to inspect the property prior to the sale. These problems explain why the mortgagor/lender is usually the only bidder at a sheriff's foreclosure sale. With experience and the assistance of competent counsel, a purchaser can indeed successfully obtain good title to property, often at bargain prices, through the foreclosure sale process. But this is an activity best left to those with expertise in the area and a high tolerance for financial risk.

An owner's policy protects you, the purchaser, against a loss that may occur from a fault in the ownership or interest you have in the property. You should protect the equity in your new home with a title policy.

Real estate law is a highly complex and specialized area of legal practice. Real estate is also an area in which consumers and businesses are well advised to seek legal counsel and advice. This is an area in which attempting to do it yourself without adequate experience can have long-term and frequently disastrous consequences, for a number of reasons. First, problems in real estate, particularly real estate title law, often do not become apparent for many years. A mistake made at the time a property was purchased, which could have been corrected easily at the time, may not make itself known until the time comes to sell the property years later. By that time, it may be possible to correct the defect only with great difficulty and expense.

Second, real estate law is one area of legal practice that varies greatly from state to state. In many areas of law, there is a trend towards uniformity between states, which is thought to foster commercial transactions across state lines. Real estate, however, is by definition immobile and the law in this area has resisted the trend toward uniformity. While states share a common English real estate law history, Louisiana’s property laws are based in French and Roman law. Each state has modified that law to suit its own needs. This means that general principles of real estate law may not provide adequate guidance when attempting to deal with a specific fact situation in a particular state. The real estate attorneys in each state specialize in that state's statutes, rules, and procedures. Your attorney will assure that a real estate transaction goes smoothly and that the interests of all parties are protected.

As with any area of law, real estate law has many distinct components and areas of specialization. The real estate attorney may practice in one or more of these areas. Common areas of specialization include the following.

• Commercial leasing deals with the leasing of real property for business use, usually for extended periods of time. The attorney involved in commercial leasing needs to protect the needs of a business owner for continuity and stability while at the same time making the lease flexible enough to adjust to changing circumstances as the years progress.
• Commercial real estate law deals with the purchase, sale, and operation of property for business, as opposed to residential purposes. It deals primarily with the need for businesses to make sure that property they purchase is both legally and physically appropriate for the type of business they hope to conduct.
• Condemnation is the process by which the government takes property for a public purpose and determines how much it must pay the owner to do so. For most individuals, the most important aspect of a condemnation proceeding will be obtaining a fair price for the land.
• Condominiums and cooperatives are an increasingly popular form of ownership, particularly residential ownership. A condominium or cooperative attempts to combine the advantages of home ownership (building equity, tax advantages, and the like) with the advantages of apartment living (such as limited maintenance responsibilities). Condominium and cooperative law deals not only with the purchase of the property itself, but with the rights and responsibilities of the owners of the various units.
• Conveyancing is the art of transferring property from one owner to the next. It involves the technical requirements necessary to create a valid deed, mortgage, or other instrument. It also involves advising the purchaser as to the various options available by which title to property can be taken and held.
• Eminent domain law deals with the right of governments and private companies exercising public functions to take land for public purposes. It is closely related to condemnation, which is the process by which the land is actually taken. Eminent domain law also deals with situations where a landowner wants to force the government to take and pay for property on the theory that the government's activities already amount to a taking for which compensation is required.
• Land use and zoning law deals with the methods by which government (and occasionally private individuals) attempt to control development and preserve the character of neighborhoods by regulating the uses to which land can be put and the types of buildings that can be erected on the land.
• Landlord and tenant law deals with the interaction between tenants and landlords, most commonly in a residential setting. It attempts to balance the rights of the landlord to control the property, to receive rent in a timely fashion, and to remove tenants who breach their lease promptly against the rights of tenants to privacy, security, and a well-maintained rental unit.
• Mortgage and foreclosure law deals with the most common method of providing secured financing for the purchase of real property and for other purposes. Mortgage financing is used in the vast majority of real estate transactions. This area of law governs the issuance of the mortgage as well as the lender's right to collect the secured debt through foreclosure if the borrower fails to pay as promised.

The attorney specializing in residential real estate helps the consumer with what is frequently the most important purchase in his or her life-the purchase of a new home. The attorney will guide the consumer through the complexities of real property law as it relates to the purchase and explain potential options and pitfalls.

Title insurance provides the buyer of property with certainty and security by guaranteeing against title defects and hidden problems that could be costly to the buyer.