The Mott Law Firm
Real Estate Newsletter
Title Insurance
 
By the terms of a real estate contract, a seller agrees to convey clear title to a buyer. As a condition of being approved for a mortgage to buy the property, the buyer's lender usually requires the buyer to purchase a lender's insurance policy, which is paid for when the real estate transaction closes. Every closing is conditioned on proof of the seller's ability to convey clear title, the release of prior encumbrances, and the ability of the buyer's lender to have a superior interest in the property to be conveyed.More...
 
A Tenant's Remedy for the Landlord's Breach of the Implied Warranty of Habitability -- Actual and Constructive Eviction
 
A lease agreement impliedly covenants that the tenant will have the peaceable use and enjoyment of leased premises that are fit for human habitation. In exchange, the tenant covenants that he will pay rent to the landlord. A landlord may file an eviction proceeding if the tenant breaches the covenant to pay rent; however, if the tenant pays rent and the landlord either physically ejects the tenant from the premises or substantially compromises the tenant's enjoyment of the premises, the landlord has breached the covenant by eviction.More...
 
Mortgage Loans with Balloon Payments
 
A mortgage loan with a balloon payment provision is very different from a traditional mortgage loan. Usually, mortgage loans with balloon payment provisions are second mortgages as opposed to first mortgages (also known as purchase-money mortgages).More...
 
Settling Uncertain Boundary Lines
 
Often property owners do not know the location of the exact boundaries of their property. Unless the property has been surveyed by a professional surveyor, the issue may be unclear. Alternatives are available to help neighbors settle uncertain boundary lines.More...
 
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.More...
 
This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.