Brian Bender's (brianbender) Blog

§ 35.284. Disclosures of business relationships.  (a)  Disclosure to consumers seeking to sell or purchase residential or commercial real estate.    (1)  Except as provided in subsection (e), a licensee shall provide the disclosure summary in §  35.336 (relating to disclosure summary for the purc...

i had received a call from some clients concerning one of my spec homes,,  now mind you , these clients were from another city, about 3 hours away... after discussing the property with the wife, and just about done ., i offered to show them the house , and out of the blue the husband got on the p...

Acquisition by Gift   Must be intention to make a gift and delivery of the item by the donor to the donee Once these conditions are meet you cannot take it back Under the restatement you can give something through a writing saying that you gave it Must still give the writing to the donee   Newma...

Acquisition by Finding   Armory v. Delamirie p. 108 Boy finds jewel and gets it appraised , the goldsmith takes it an rips him off. Boy is the finder and has a claim superior to anyone but the original owner Possession is the common symbol of ownership (title, deeds, serial numbers, etc.) Action...

Acquisition by Creation   INS v. AP p. 60 Copyright- author owns his product, comes into effect without separate legal action INS copies stories from the AP and then competes with it. Argument is unfair competition – had to be registered at the time to be copyrighted Copyright only protects expr...

Acquisition by Capture   Pierson v. Post p. 19 Pierson chases the fox for hours and then post comes and takes it Majority ruled that the fox was not yet his Dissent stated that we need to respect practices and customs of fox hunting We want people to hunt foxes – need to provide an incentive Hot...

Acquisition by Discovery   Johnson v. M’Intosh p. 3 Both parties claim ownership of the land – Indians sold it to others who sold it to plaintiffs Individual Indians don’t have a claim but the tribe does Did the US own the land or did the Indians? European laws- they discovered the land so they ...

Eminent Domain   Federal and state governments have the power to take property Follows from the power to wage war Implied reservation to take it back at will Inherent act of sovereignty – necessary to perform its functions 5th amendment – cannot take personal property without just compensation O...

Zoning   Arose out of the weakness of nuisance and the development of restrictive covenants Can’t do nuisance preemptively Need to pay court and lawyer fees for a nuisance case Courts require something significantly obnoxious for it to be a nuisance Restrictive covenants only work for new commun...

Servitudes   They are a right to the land, can be recorded Easements – right to cross the owners land (negative easement – right to prevent owner from doing something) Restrictive Covenants – promise not to do something on your land Profits – right to enter property and remove something (timber,...