Property law

Real Estate Law and Importance

Real estate law is a branch of the legal system that focuses on regulating all aspects of real estate, both in ownership and use. 

Does the law regulate administrative sales operations

Administrative operations for selling and purchasing real estate, including new launches singapore, are regulated by notarial real estate law. This branch focuses on ensuring that purchase and sale transactions are carried out legally, transparently, and fairly.

Key aspects of real estate law

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Ownership and Transfer of Real Estate

One of the fundamental pillars of real estate law is the regulation of the ownership and transfer of real estate. This ranges from acquiring property to transferring property rights through purchase, gift or inheritance.

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Urban Regulation and Land Use

Urban planning and land use regulation are crucial aspects of real estate law. Laws and regulations in this area determine how properties can be used in different geographic areas.

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Real Rights

Real estate law deals with real rights, which are a person's rights over real estate. This includes the right of ownership, usufruct, easement, and other rights that allow individuals or entities to use and enjoy property in various ways.

Notarial Real Estate Law

Notaries are crucial in certifying the legality of contracts and sale deeds, ensuring that all parties meet their obligations and that the transaction is carried out transparently.

Mortgages and guarantees.

Financing and Mortgage Guarantees

Real estate law establishes the rules for the creation and execution of mortgages and the legal consequences in the event of non-compliance.

STRUCTURE OF LEGAL DEPARTMENTS IN REAL ESTATE COMPANIES

We began the event by analyzing the composition, structure and functions of the legal departments within real estate and construction companies. In most cases, these are departments that report directly to the company’s General Management, with some exceptions in which they depend on the financial area or central services.

They are implemented as an essential department within the company and manage legal matters of everything related to urban planning, land purchase and promotion, as well as the corporate governments of the companies. Most of them also assume all issues associated with compliance, although they are always responsible for this matter. Commercial and advisory matters are also managed in most cases in the departments themselves and the legal part of tenders with suppliers and operations with clients. Regarding money laundering matters, some companies outsource operations on this issue, while others also assume it internally.

The only exception that almost everyone agrees on not covered within the legal department is the legal aspects related to Human Resources (hiring, regulations, legal documentation, etc.), usually managed by that department or external agencies.

Design society also gives us a general vision of the legal departments of developers and construction companies. In large companies, the Legal Advisory departments are their own. In contrast, medium and small companies need to structure and train to assume regulations, laws, etc., so they outsource legal services.

Therefore, we currently find legal departments with greater significance, structure and scope in the day-to-day life of real estate companies.

The structure of a company is directly linked to its administrative management, conditioning its business performance productivity of real estate agents and other members that comprise it, resulting in the image given to clients. However, the concept of administrative management should be distinct from the concept of business administration. Still, it should be linked to organizational bureaucracy as a form of internal functioning characterized by the standardization of internal management processes. Routine tasks within the real estate agency field must be specialized.

 

Professional functions

The tasks of a real estate lawyer are very diverse and depend on the needs of the client. However, we can specify that his most common function is investigating all legal and technical aspects of the property.

Regulation of real rights over real estate

They are divided into property rights and domain limitation rights.

Purchase and sale of real estate 

This process requires completing prior procedures to guarantee the validity of the operation. 

Division and grouping of farms

Property division, segregation, and grouping are other situations typical of real estate law. 

Property registration

This public institution aims to protect the legal traffic of real estate, establishing mechanisms for registration and publicity of their legal status. 

Area of real estate law

Real estate law is the body of legislation that governs all transactions involving real estate, which is defined by the law as tangible property that cannot be moved from its location. This includes transactions between private individuals and between a person and the government. In other words, it is in charge of governing all real estate transactions, including the taxes and encumbrances that must be paid as well as how a natural or legal person’s rights to real estate or a portion of it are established, transmitted, amended, acquired, or extinguished. For each of these procedures. It also discusses the following topics relevant to maintaining these properties: urban licenses, building licenses, or the regulations

Real estate law is constantly changing.

Real estate law is one of the subjects that changes the most due to the demands of users and companies and the establishment of legal aspects. Likewise, the real estate market continues growing, thanks to the investments made by foreigners in Singapore due to its culture and geographical location, among other factors that come into play. 

For this reason and much more, it is a speciality in demand if you want to receive training in this area or have more knowledge about it for your company or professional or personal purposes.

Real estate lawyer

The regulatory transversality of real estate law requires the advice of an expert in the field at all times. A real estate lawyer will have the expertise to propose the most appropriate solution to his client’s situation.

To become a lawyer specializing in real estate law, the first step is to study for the Law Degree and then access the master’s in Legal Practice. These titles allow you to prepare and pass the official entrance exam to this profession and, therefore, become a lawyer.

Specialization in Urban Planning and Real Estate Law

The specialization offers a suitable setting for professionals from different disciplines to train or deepen their urban planning and real estate law knowledge. 

Transversal training with an interdisciplinary audience ensures an academic space in which, based on the community of professional experiences, there will be an in-depth reflection on the close relationships between these disciplines: the processes of land planning and management, its legal dimension, the regulation of real estate activities and its connection with classic property law.

The program focuses on reflecting on legal sources and practical experiences, offering the tools required to face real problems of national events.

  • It is a private right affecting relationships between natural or legal persons without public interest.
  • Its rules are dispositive; that is, they can be modified.
  • Its only object is real estate, so movable property is regulated in the civil code.
  • There is no specific code of real estate law, but rather a compilation of the regulations established in civil law that affect this type of property.
  • Property registration is very important for this right.
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