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Georgia real property law deals primarily with the ownership of land. Georgia real property law education and training should include recognition of the most important classifications of real property. These include concurrent estates, freehold estates and non-freehold estates.
GA real estate laws generally allow the state exclusive jurisdiction over the land within its borders. These laws are not subject to federal law for the most part. There are three phases to an attorney’s education on real property laws in Georgia:
- Formal education. An attorney who practices Georgia real estate law should at least have a Juris Doctor (J.D.) degree. The J.D. degree should come from a law school that is accredited by the American Bar Association (ABA).
- Specialization. Attorneys frequently choose to specialize by taking specific training in real property law in Georgia. These courses may be taken as a program of concentration in law school or as Continuing Legal Education (CLE).
- Membership in professional organizations. There are many legal organizations for attorneys who practice real property law. These may be bar associations, organizations for a particular cause or groups exclusively for practicing real estate attorneys.
Action Steps
The best contacts and resources to help you get it done
Attend a law school that specializes in GA real property law
There are a variety of universities in Georgia that provide training in real property law, such as specific coursework, a formal concentration or legal clinics.
I recommend: The University of Georgia School of Law offers property law courses to its first year students and also provides a study guide on property law. Emory University School of Law provides an outline of its first year study of property law.
Obtain CLE credit for a Georgia real estate attorney
Georgia requires attorneys to stay current on changes in employment law with CLE courses. There are a variety of education and training programs in Georgia that provide CLE credit in real property law.
I recommend: The State Bar of Georgia includes courses in real property law in its calendar of CLE courses. The Institute of Continuing Legal Education in Georgia provides seminars in real property law for CLE credit, such as the Residential Real Estate Concurrent Session.
Learn through professional training associations on Georgia real estate laws
Professional associations frequently offer formal training such as conferences, seminars and workshops in employment and labor law. These organizations also provide more casual meetings that allow attorneys to exchange tips on building and maintaining a practice.
I recommend: The Real Estate section of the Atlanta Bar Association provides a calendar of activities for attorneys practicing real estate law in the Atlanta area. The Georgia Association for Women Lawyers holds regular events on all areas of law, including real estate law.
Tips & Tactics
Helpful advice for making the most of this Guide
- • Georgia real estate lawyers also may wish to specialize in a particular type of real property to provide better service for their clients. For example, an attorney may learn about the specific property laws on farming in order to build a practice around agricultural property.
Real estate law in Georgia can be difficult to navigate and many business owners find that they feel much more comfortable when they are working with a qualified Georgia real estate attorney.
There are many ways that real property law in Georgia can affect business owners. For example, zoning laws dictate what types of activities you can do on a particular property. If you purchase a property that the city has not zoned for what you want to do, you could be out of luck. Georgia real estate lawyers ensure that this doesn't happen.
There are some things to think about before speaking with a Georgia real estate law firm:
1. Hiring someone that knows about Georgia real property law is a good idea when purchasing property or signing rental agreements. Your lawyer will draw up contracts that reflect your best interest. If you use the other party's lawyer, you may not get the best deal.
2. You can save money by hiring Georgia real property attorneys that work on a per-hour, as-needed basis.
3. Make sure to hire a lawyer that specializes in your industry. Georgia real estate law can be broken down into industrial, commercial and agricultural areas.
Action Steps
The best contacts and resources to help you get it done
Hire a Georgia real estate attorney to handle your major transactions
It's especially important to have a real estate lawyer when you are purchasing or selling property. A good lawyer will write the appropriate contracts so that everything occurs within the boundaries of the law. This protects you from legal action later on.
I recommend: Lawyers.com lists real estate lawyers in Georgia by county. You can also search for qualified lawyers through the Georgia State Bar.
Understand the property insurance required by GA real estate laws
Real estate laws state that all property owners should maintain a minimum level of insurance. As a business owner, you may want to purchase property damage insurance, public liability insurance and rent interruption insurance.
I recommend: Learn about the state requirements through the Georgia Department of Administrative Services. Then, purchase property insurance through Heritage Insurance House so that you are compliant with the law.
Find a tax lawyer that understands Georgia real property law
Taxes are more complicated as you become a property owner because there are many Georgia real estate laws that pertain to property taxes. A good tax lawyer will help you understand what you need to pay, when you need to pay it and any discounts that you may get from the state and federal government for being a property owner.
I recommend: The lawyers at Bomar & Phipps, LLC can help you with tax planning. Jeff Fouts is another tax attorney in Georgia.
Tips & Tactics
Helpful advice for making the most of this Guide
- • Even though a lawyer will help you with the Georgia real estate law, it's always a good idea to do your own research to increase your understanding.
