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:

1. 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).
2. 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).
3. 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.
   

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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.

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• •  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.

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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.

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• •  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.

Georgia real property refers to any real estate property including – but not limited to – primary residences, vacation homes, land and other real estate assets. Georgia real property is governed by a set of laws passed by the state legislature.

Take the time to familiarize yourself with Georgia real property law before purchasing or selling a property so that you can understand some of the many terms that might apply to the property in question. Here are some of those terms along with some resources to help get you started.

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Title insurance coverage

Title insurance coverage refers to a policy which is taken out against the deed of the property ensuring a clean chain of title. This means that no one else can claim to own the property and that there are no back taxes, liens or other financial ties to the property. In the event there are such claims, the title insurance coverage will pay for the litigation to resolve the matter.

I recommend: Visit the website for Weissman, Nowack, Curry and Wilco for additional information on title insurance coverage.

Tenancy at will

Tenancy at will refers to the occupation of a real property by a tenant after gaining permission from the rightful owner. Tenancy at will may be given verbally. The owner of the real property must then follow the same steps required in terminating a month-to-month tenancy to remove the tenant.

I recommend: Visit the website for Georgia Courts.org for additional information on tenancy at will.

Joint tenancy

Joint tenancy, in terms of Georgia real property law, refers to two or more people who own a piece of property or residence together. Each owner must own an equal share in order to be considered joint tenancy. In Georgia, joint tenancy automatically gives the survivorship rights to the remaining tenant or tenants upon death of one of the owners.

I recommend: Visit the website for Nolo.com for an informative article about the laws associated with joint tenancy within the state of Georgia.

Disclosures

Disclosures refer to information that a seller must inform a potential buyer about. The list of disclosures is large since the law requires that the buyer receive an immense amount of information about the property, so that both parties can strike what they feel is a fair deal. Withholding disclosures is against the law. A real estate agent or seller may be held accountable for failing to disclose information.

I recommend: Visit the website for Ask Tom the Realtor for further information on the requirements of disclosures within the state of Georgia.

Mortgage cancellation

Mortgage cancellation refers to the act of the lender 'canceling' or terminating the loan, once the borrower has paid the principal in full. Mortgage cancellation has been broadened to encompass other liens and monetary notes attached to a home or piece of property. If a lender does not cancel a loan in a proper time frame - in accordance with the law - they may be civilly liable.

I recommend: Visit the website for Smith, Gambrell and Russell, for additional information on the mortgage cancellation policies within the state of Georgia.

Equitable distribution

Equitable distribution is a term that describes how property, including real property, is divided during the dissolution of a marriage within the state of Georgia. Property that was brought into the marriage by either party is off limits. Real property obtained during the marriage must be divided between the two parties.

I recommend: Visit the website for Divorce Law Info for additional information how equitable distribution functions within the state of Georgia.

Attorneys in Georgia have good reasons to remain informed on Georgia real property law news and trends. Attorneys must keep track of the latest rulings in cases involving Georgia real property law. The state may alter its procedures at any time and this may change the way real property attorneys do their jobs. Attorneys also may want to know what the general public is saying about real property law, in order to correct any misconceptions their clients may have.

The best sources of information on news and trends for state of GA real estate laws may be grouped into the following three categories:

1. State websites on Georgia real estate law. These sites are the best source of official procedures or court rulings on Georgia real property law.
2. Independent sources of news on Georgia real property laws, such as blogs, magazines and newspapers. These sources are the most likely to provide news and opinions on real property law that do not rely on any particular business or lobby group.
3. Legal professionals. Real property attorneys may be able to provide inside news and information on real property law.
   

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Review state websites to get official news and information on Georgia real property tax law

Georgia government websites are the best places to get the latest news about Georgia real property law. A Georgia government website also may publish the state statutes to help attorneys stay informed on the latest legislation that relates to Georgia real property law.

I recommend: The State Bar of Georgia provides regular newsletters on changes in Georgia real property law. The University of Georgia Office of Real Estate and Facilities administrates real property in Georgia and provides regular news and events on real property law.

Study independent sources of news and trends on GA real property law

Universities, law libraries and news outlets frequently report on recent court cases and legislative updates on Georgia real property law. Attorneys also may keep blogs or journals on real property law in Georgia.

I recommend: Harlan and Associates provides an article on the effects of recent real property laws on the real estate market in Atlanta. CindySoldt.com offers regular stories on real estate laws in Georgia.

Get inside news on real property law from a Georgia real estate attorney

A real property lawyer in Georgia frequently has information on Georgia law that is unavailable elsewhere. Real property attorneys may publish newsletters or full length articles on a particular aspect of real property law in Georgia.

I recommend: Coleman & Chambers practices real estate law in Georgia and provides a variety of current articles on Georgia property law. Moore, Clark, Duvall & Rogers offers presentations on a variety of recent topics that deal with real property in Georgia, such as the 2008 Farm Bill.

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• •  Georgia real estate laws also cover property rights of the tenant. These may include the right to transfer these rights to other party on mutually agreeable terms, the right to determine how a piece of real property is to be used and the right to exclude others from benefiting from the property.