| The Attractive Nuisance Doctrine |
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| Generally speaking, an owner of real property owes no duty to a trespasser, other than to avoid willfully, wantonly, or deliberately harming the trespasser. In some circumstances, however, the owner of real property has an obligation to exercise reasonable care in order to prevent trespassing children from injury.More... |
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| Interstate Land Sales Full Disclosure Act |
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| 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.
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| Eminent Domain and the Public Use Doctrine |
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| Eminent domain refers to the power of a government entity to take private property. The power can be used by the federal government in the name of a federal agency or a branch of the military services. A state, county, city, village, or town can also use the power of eminent domain to take private property on its own behalf or on behalf of an agency of a governmental entity. In all cases, the governmental entity may only exercise the power of eminent domain, also called condemnation, if it needs the private property for a public use.More... |
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| Trees -- Damage to or Destruction of by Persons Other than the Property Owner |
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| A tree is owned by the property owner on whose property the trunk of the tree sits. When a property owner has an interest in a tree, the property owner has the right to recover in the event the tree is damaged or destroyed by another.
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| Land Trusts |
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| A land trust is a device by which land is conveyed to a trustee for the benefit of another. A settlor is the owner of the property that is placed into the trust. A land trust is created when settlor expresses his or her intent to create a trust through a written instrument. The instrument must name the trustee and identify the trustee's powers, the beneficiaries, and any remaindermen. The settlor may be the trustee and, in most cases, the beneficiary of the land trust.More... |
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