Real Estate Newsletters
A homeowner, a landlord, or a tenant may be subject to liability if someone is injured on the premises. If there is no insurance, the damages will have to be paid out of pocket. Various types of insurance policies can shift liability from the property owner to an insurance company in exchange for the payment of premiums.
A entered into an agreement of sale with B wherein A agreed to purchase certain real estate. Among other items in the agreement, B specifically agreed to convey "marketable title" to A. The title inspection ordered by A revealed numerous liens against the real estate, including tax liens and judgment liens.
The existence of radon gas in a home is a health hazard. In residential real estate transactions, it is not uncommon for standard real estate contracts to contain a clause that makes the buyer's consummation of the transaction contingent upon the home passing a radon gas test.
In 1975, Congress enacted the Home Mortgage Disclosure Act (HMDA). The statute can be found at 12 U.S.C.S. §2801.
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.