In Real Property
TO OBTAIN: Execute security agreement between B & (Seller or Lender) or take possession
TO PERFECT: file financing statement (UCC-1A) with Register of Deeds). This gives
secured party rights against third parties.
Real Estate Law
What is Law? System of rules and principles devised by organized society for the
purpose of controlling human conduct.
Sources of Law
US Constitution Sets up 3 branches of government. Powers are express and
Bill of Right
Fructus naturales Any plant with perennial roots (trees, shrubs, grasses) which is
produced by the power of nature alone.
Fructus industriales Sometimes known as emblements. Plants which are sown annually
and grown primarily by huma
Cont. Use of Water
Riparian Rights Theories
1. Natural Flow - each riparian owner entitled to have water maintained in natural
state. Artificial wants OK as long as they do not materially change quantity or quality of
water. (NOT Common)
Limited Defenses to Liability
Purchasers of Property/Innocent Landowners
Innocent owner did not know nor had reason to know it was there
Importance of conducting Phase I and Phase II Assessments
Property acquired after hazardous substance place
LEASE - Steve leases road to Diane - transfers full possession. Diane can exclude
Steve and all others from road. Steve transferred full possession to Diane, therefore she
could have excluded Steve and all others from road during term of lease.
General Rule: Scope of use is determined by how and for what reason the easement was
Owner of easement cannot materially increase burden on servient estate or impose a new
and additional burden.
a. If conditions for use specifically provi
EMPLOYMENT LAW (covers employee only) - SOME GENERAL PRINCIPLES
Employment at will - employer can fire an "at will" (don't have contract for certain period of
time) employee for good reason, bad reason or no reason, but not for certain reasons.
LAW: A SET OF RULES IMPOSED BY SOCIETY UPON THE MEMBERS THEREOF, WHICH, IF NOT
ADHERED TO, WILL LEAD, AT LEAST IN THEORY, TO THE IMPOSITION OF A PENALTY UPON THE
ONE FAILING TO ADHERE.
SUBSTANTIVE AND PROCEDURAL LAW.