The Art of Conveyancing

May 20, 2015

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The approach of spring almost always means a surge of business in our local real estate market. Warmer weather and longer days on the horizon, coupled with the Federal Reserve's movement away from a patient approach to keeping long-term mortgage rates low mean the timing is right for potential homebuyers to lock in the low interest rates and begin the home-buying process in earnest. But, what is the best way to get started?

While local newspapers, websites, and other internet sources can all provide good information and starting points for a prospective buyer or seller, human interaction is still the best way to ensure a successful, comprehensive and pleasant experience. Just as it is essential to take advantage of a realtor's services, it is equally essential to have a trusted real estate attorney.

A local, knowledgeable attorney is often mistakenly underutilized in both residential and commercial real estate transactions. Attorneys are not tasked merely with seeing the process through to completion; rather, early (and frequent) communications between you and your real estate attorney will serve to identify and avoid potential issues such as environmental constraints, land use controls, and matters of title which could affect, among other things, the marketability and value of your property. Knowledge of the development potential of your-or an abutting-parcel, along with existing encumbrances, the property's history, and the scope of restrictions on development, if any, is essential before you make or accept an offer. These issues can and should greatly influence the strategy of buying or selling real estate.

Conveyancers-specialized real estate attorneys-have knowledge of title-holding techniques, both simple and sophisticated, and a complementary understanding of local, state, and federal environmental laws and their regulations. Laws such as the Wetlands Protection Act, municipal wetlands bylaws, the Zoning Act, municipal zoning bylaws or ordinances, and current trends and future policies relative to regulatory oversight are just a few of the potential concerns an experienced real estate attorney can help you navigate. An experienced lawyer will also have knowledge of the policies and practices of the Consumer Financial Protection Bureau, Massachusetts Department of Environmental Protection, and the Real Estate Bar Association.

The purchase or sale of real estate is a can be a time-consuming exercise, and also often represents significant financial and emotional investment. An experienced real estate attorney will simplify the process, protect your rights, and help you move smoothly in the direction of your goal.

by: Thomas R. Reidy

Pioneer Valley Legal Directory, Daily Hampshire Gazette
May 20, 2015

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