| Self-Help Remedy for Encroaching Branches or Roots |
|
| Generally speaking, a property owner may cut back branches and roots that stray onto the property owner's land. The right of self-help, as it is called, is not found in state law, however; it derives from the common law. More... |
|
|
| Adjustable Rate Mortgages |
|
| Delilah was very happy when she received her pre-approval notification for a mortgage loan. In fact, her lender pre-approved her for $25,000 more than she needed to purchase her first home. Delilah is now in the process of finalizing the details with the lender before the settlement on her home. The lender has offered her a fixed rate mortgage as well as an adjustable rate mortgage. More... |
|
|
| Interstate Land Sales Full Disclosure Act |
|
| In 1968, Congress enacted the Interstate Land Sales Full Disclosure Act, 15 U.S.C.S. § 1701 (1998). In enacting the law, it was Congress' purpose to eliminate fraud in interstate sales of land. Briefly stated, the law requires certain disclosures in connection with the sale of vacant land. Despite numerous challenges since its enactment, the Interstate Land Sales Full Disclosure Act has passed constitutional muster.
More... |
|
|
| Negligent Misrepresentation in Real Estate Transactions |
|
| Real estate transactions present situations in which negligent misrepresentation can occur. Negligent misrepresentation, insofar as the area of tort law is concerned, is usually defined by state law. More... |
|
|
| The Doctrine of Waste |
|
| The rationale behind the doctrine of waste is that one who is entitled to receive a future interest in real property is entitled to receive the property in the same condition it was in at the time the future interest was created by the original grantor. Although the doctrine of waste may prevent changes that increase the value of the property, more often it refers to action or inaction that damages the property in some respect. More... |
|
|