Newsletters

Noisy Neighbors

The regulation of noise from any source is governed by state and local law. Sometimes, the rules governing the rental of leased premises also restrict noise levels. Lastly, the rules governing planned unit developments often set forth prohibitions against unreasonable levels of noise. Protections against noise vary widely and must be consulted individually for further details.

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.

Trees and Fallen Fruit

Generally speaking, the location of the trunk of a tree determines who owns the tree. While the law is somewhat unclear, it appears that the property owner who owns a fruit or nut tree also owns any fruits or nuts that grow from the tree. Furthermore, it appears that the property owner who owns a fruit or nut tree also has the right to collect fruits or nuts that fall on neighboring property.

Foreclosure and Redemption of Residential Purchase-Money Mortgages

Typically, a purchaser of residential real estate pays for the property with funds that are obtained from a lender, called the mortgagee, through a mortgage transaction. In exchange for the funds, the purchaser, called the mortgagor, promises to repay the funds and gives the mortgagee a security interest in the property to secure the repayment. In the event that the mortgagor does not repay the funds as required by the mortgage document or is otherwise in default, the mortgagee may foreclose on the mortgage.

Water Damage -- When a Property Owner Is Liable to a Neighbor

The issue of a property owner's liability for water damage is largely a matter of state law. However, a property owner is not liable for things he or she cannot control.