Title: Real Estate Law Overview :: Justia
Headings: Real Estate Law
Real Estate Law
Limits on Ownership
Real Estate Law Resources

Content: For example, the U.S. Supreme Court has issued several opinions defining the circumstances under which regulation of the use of real estate goes “too far” and constitutionally requires compensation. Since real estate necessarily stays in one location, most real estate law is state law. Federal law does have a role. For example, the Federal Aviation Administration establishes the altitudes at which planes may fly over private property, and property owners may not prevent those flights. Similarly, the federal Fair Housing Act, 42 U.S.C. § 3601-3631, protects people involved in real estate transactions from discrimination based on race, color, religion, sex, or national origin. Local zoning laws also restrict how owners can use their land. Ownership of real estate also can be limited by time, as with a life estate that ends upon the death of a specific person. Ownership can be shared in a variety of ways among individuals or be held by condominium associations, corporations, or other entities, as described in the deed by which the owners acquire the property. Real estate law is closely tied to other areas of law. For example, contract law governs the sale of real estate and requires that such contracts be in writing.