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Addressing easement issues

Real estate issues can be some of the most complicated problems for Nevada residents to address because there can be so many different interests affecting any given parcel of property. Take, for example, the average homeowner. Sure, homeowners live on the property and use the house on the land as their primary residence, but what if they have a mortgage on the property? The mortgage company has an interest in what occurs on the land and what happens if the land is sold. Different interests can cause different issues that may need to be addressed.

Easements are another common interest that can impact land in Nevada. For those who are unfamiliar with the term easement, it is a grant to use part of a parcel of land for a specific purpose. This type of interest in land is usually referred to as non-possessory because the holder of the easement does not have an interest in possessing or owning the land - just in using the defined easement area.

Make estate planning one of your goals in the new year

With the holiday season behind us and the new year just beginning, many people are doing their best to make positive changes in their lives. New Year's resolutions are always fun to think about and plan, but, sometimes, too few people actually carry through with their plans for improvement. For Nevada residents, perhaps one of the most important goals for the new year should be to make an estate plan, if they don't have one already.

As a recent article noted, making an estate plan is just one of several financial tips that people can follow to address money issues in the new year. Many people think that they don't need an estate plan, thinking that, instead, estate plans are for the rich and famous. Nothing could be farther from the truth. Estate plans can help people of all different kinds of financial and family situations.

Any real estate law issue demands a competent approach

Individuals, couples and businesspeople throughout Nevada who own real estate know that there can be certain circumstances when disputes with other parties can arise. For example, in the buying and selling process, there may be disputes about the title that need to be addressed. Or, in the process of a construction project, disputes may arise involving the landowner and the contractors who are engaged in the construction project. These issues, along with many others, require a competent approach in order to lead to a satisfactory result.

There is perhaps no other area of the law where the phrase "the devil is in the details" applies more so than in real estate law. Most real estate transactions are dependent upon carefully drafted documents which, in many cases, delineate the responsibilities of the parties involved, as well as providing a specific description of the real estate involved. Even the slightest defect in these documents can have a significant impact either now, or in the future.

Understanding the steps of business litigation

It is likely that, as a business owner, you deal with legal issues every day. This is true if you have employees on your payroll, you pay taxes and you use contracts for your business transactions. For the most part, operations go smoothly, and you may not have many issues or conflicts that you can't resolve with some careful negotiations.

However, when your business becomes party to a complicated dispute involving complex federal or Nevada laws, you may feel you are out of your element to handle it on your own, especially if it escalates to litigation. Knowing what to expect throughout the many stages of the litigation process may help you prepare so you have the best chances of protecting your business interests.

What do you need to know about intellectual property disputes?

Business litigation can occur for numerous reasons, such as contract breach disputes or cases involving disputes with employees. However, in the past few decades, another type of dispute has arisen as a potential problem for businesses in Nevada: intellectual property disputes.

So, what do business owners need to know about intellectual property disputes? Well, for starters, it helps to understand "intellectual property." In essence, intellectual property is property that includes ideas, slogans, images and concepts that are unique to a business or individual. Our readers would likely recognize some of the most obvious examples, such as the Nike, "Swoosh" image, or a business slogan, like "Melts in your mouth, not in your hand," for M&M candy.

Even the most basic parts of an estate plan could be litigated

Some of our readers in Nevada may wonder, what are the most basics parts of an estate plan? Well, as a recent article noted, in many cases the most basics components of such a plan are: a will; power of attorney documents for financial matters and healthcare matters; a so-called "living will," which is actually a directive to family members and healthcare professionals regarding what type of end-of-life treatment you do and do not want to receive; and, for some people, a trust for some or all assets they own.

Unfortunately, no two estate plans are the same, which means that any time a person dies there will be some "piecing together" of what documents are in place and what those documents provide in terms of instructions to surviving friends and family members. Without proper estate planning documents in place, or if the documents that do exist are faulty in some way, the potential for probate litigation increases.

Are you able to challenge the validity of a loved one's will?

Perhaps you have a sneaking suspicion that something isn't right about your loved one's will. You had conversations with your family member prior to his or her death regarding how to distribute the estate, but when you read the will filed with the court, it didn't reflect those wishes.

Now, you wonder whether you should take your concerns to the court. In order to do so, you must have standing. Not just anyone can contest a will.

Get off to the right start when it comes to business formation

While it can be an exciting time for Nevada residents when they are getting ready to start a new business, such a time is also fraught with risk, including legal risks. Any entrepreneur would likely tell our readers that getting off to the right start is crucial for a new business. The right start includes taking the right steps in the formation of the business.

Not only will businesspeople in Nevada need to decide the actual legal structure of the company, such as incorporating or going it as a sole proprietor, but also these individuals will need to think about the obstacles they might encounter right out of the gate. Will the company leave room for expansion in the future, possibly with a merger or acquisition of another company? Will the business execute a lease for the real estate its needs to operate; or, buy real estate outright?

When distribution of specific assets becomes a problem

Most people in Nevada have more assets than they realize, a fact that can come to light when they get into the estate planning process. In an ideal estate plan, the plan will be comprehensive and include all of a person's assets and how to distribute those assets. Many people will make their plan to distribute their assets based on percentages, such as, for a basic example, half of the assets to a spouse and one-quarter each to two adult children.

However, distribution of specific assets, like jewelry or art, can make this type of plan a problem. Why? Well, as a recent article noted, the valuation of these items may be called into question, which can become a contentious issue if the noted beneficiaries of the estate plan begin to question if they are really getting their fair share of the distributions.

Why are developers turning to 'try before you buy' tactics?

Investing in real estate can be tricky in almost any type of market. Throughout the country, including in Nevada, there are ups and downs in the market that must be anticipated, or taken advantage of. Investors and real estate developers always need to keep their eyes on the pulse of the market they are jumping into, and that has some developers trying new tactics.

For example, some developers are pushing potential buyers to take advantage of a "try before you buy" concept when it comes to purchasing real estate. Why are developers attempting this tactic? Well, as most of our readers know, the overall national economy is doing quite well currently, and that has had an effect on the real estate markets. There is more inventory for potential buyers to choose from, but there are also rising purchase prices. As a result, some buyers are being more cautious about their purchases and investments.

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