Rights and Duties of Co-Tenants

Co-tenants may own real estate in one of three ways -- as joint tenants, as tenants in common, and as tenants by the entirety. Except for the exclusive rights noted below, co-tenants generally have the same rights and duties.

Inspection and Use of Fireplaces

For many home buyers, a fireplace is an attractive feature. In connection with the purchase of a home, it is important that the home inspection include the fireplace or fireplaces located in the home.

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.

The Comprehensive Environmental Response, Compensation and Liability Act

In the year 1980, the United States Congress passed the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). CERCLA is a remedial statute designed to protect and preserve public health and the environment. Courts have construed it broadly in order to effectuate its purpose.

Lead Hazards

The issue of lead hazards is of particular concern with regard to dwellings built prior to 1978. In fact, the presence of lead, lead dust, or lead-based paint chips, presents serious hazards to children, as well as adults.