Real Estate Law involves the ownership and legal interest in real property. It includes the buying and selling of land; examination of the chain of title; lease negotiation, preparation and enforcement; issuing of title insurance; land surveys; subdivision approvals; conveyancing; mortgaging; zoning; wetland compliance issues and numerous contractual and financing elements. Sometimes, the ownership of land which has been in the family for decades where family members have died become convoluted requiring significant legal efforts to unravel and authoritatively establish the proper ownership interests of the family heirs or beneficiaries. This frequently involves the interpretation of language in the decedents’ Wills and, where no Will exists, in accordance with the applicable Maryland intestate law. The “closing” which is commonly referred to as “settlement”, is the final process of orchestrating the land transaction where any remaining transaction issues are resolved, financing is consummated, legal title is transferred from seller to buyer, and the necessary legal documents are recorded among the County’s land records.

Real estate land development and commercial transactions are far more complicated than settlement of a residential property. In Maryland, title to real property can be held in several ways such as “fee simple”, meaning absolutely, by joint tenancy, tenancy by the entirety, tenancy in common, and life estates with or without powers of transfer, sale or mortgage. Because Maryland law is rooted in English common law, Maryland recognizes the right to title in a leasehold interest in real property, known as “ground rent”. Maryland is one of only a few states that permit ground rents. A ground rent payment is treated similar to paying interest on a mortgage for the land itself. Generally, Maryland ground rents are redeemable.

Attorneys at HENAULT & SYSKO, CHARTERED can help navigate the sale or purchase of real property, either through a realtor or a private sale by the owner, negotiate and prepare leases and contracts, prosecute zoning and subdivision actions, prepare legal documents and litigate as required. The growing demands for residential settlement services by our clients have been satisfied by the creation of Maryland First Title, Limited. Our attorneys can also assist clients in the leasing, sale or purchase of commercial properties and related operating businesses.