| Trees - Fruit & Nut Trees |
| Generally speaking, a property owner may cut back branches and roots that stray onto the property owner's property. The right of self-help, as it is called, is not found in state law; however, it derives from the common law. The rationale behind the right of self-help is that, to the extent possible, property owners should be able to protect their interests without the necessity of resorting to the courts.More... |
| Legal Research on Real Estate Law |
| Today, more so than ever before, non-lawyers have occasion to conduct legal research. A question involving real estate law may provide such an opportunity. The process can be quite daunting.More... |
| Common Areas |
| With various forms of property ownership, including condominiums and timeshares, property owners become liable for common area maintenance fees. Such fees vary widely from property to property. In fact, common area maintenance fees can be quite expensive. Hence, it is an important area of consideration for all property owners and prospective property owners.More... |
| Home Mortgage Disclosure Act |
| In 1975, Congress enacted the Home Mortgage Disclosure Act (HMDA). The statute can be found at 12 U.S.C.S. § 2801.More... |
| Eminent Domain and the Public Use Doctrine |
| Eminent domain refers to the power of a government entity to take private property. The power can be used by the federal government in the name of a federal agency or a branch of the military services. A state, county, city, village, or town can also use the power of eminent domain to take private property on its own behalf or on behalf of an agency of a governmental entity. In all cases, the governmental entity may only exercise the power of eminent domain, also called condemnation, if it needs the private property for a public use.More... |
