Bailments

A bailment is created when, coupled with the intent to possess certain property, the bailee accepts the actual physical possession and control of the property. In the example, the bailment is created when the dry cleaner accepts the man's suit with the intent to possess the suit.

Interstate Land Sales Full Disclosure Act

In 1968, Congress enacted the Interstate Land Sales Full Disclosure Act, 15 U.S.C.S. § 1701 (1998). In enacting the law, it was Congress' purpose to eliminate fraud in interstate sales of land. Briefly stated, the law requires certain disclosures in connection with the sale of vacant land. Despite numerous challenges since its enactment, the Interstate Land Sales Full Disclosure Act has passed constitutional muster.

Buying Houses in Foreclosure

It may be difficult to find bargains in the real estate market. However, it may still be possible for deals to be found on properties in foreclosure or following foreclosure.

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.

Trespass

An owner of real property, by virtue of the owner's interest in the property, has the right to be free from intrusions upon the property by others. A trespass results from any intentional intrusion upon the property of another. Generally speaking, a property owner's right to prevent such intrusions is absolute.