Real Estate Newsletters

Movers' Bills of Lading

A bill of lading is a document that is prepared by a mover when a customer contracts for the transportation and delivery of a shipment of furniture and furnishings. The bill of lading is the mover's receipt for the household goods and the contract for their transportation. It is not a contract, but it does form part of the contract between the mover and the customer.

Rights of a Possessor

At common law, possessors of property who sought to recover possession from a subsequent possessor could bring a suit that alleged a trespass to land or a trespass to chattels. Another form of relief was a suit that alleged conversion. Adherence to the pleading technicalities was critical, but in each case, the possessor had to allege that he or she was the prior possessor. Remedies in these common law actions included the recovery of the items allegedly taken or the ejectment of persons from the possessor's land.

Security Deposits on Rented Premises

Very often, when a landlord and a tenant enter into a lease agreement, the landlord requires the tenant to make some type of payment to the landlord in addition to the first month's rent. The payment serves as security that the tenant will return the leased premises to the landlord, at the end of the lease term, in substantially the same condition as when the parties entered into the lease agreement.

Transfers or Assigments of Mortgages

In the real estate finance industry, it is not uncommon for a mortgage loan to be sold one or more times during the life of the loan. When a mortgage lender transfers or assigns its interest in a mortgage loan to another party, some type of written document must be filed to put others on notice of the transfer.

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.