Edward F. Nemchek, Esq.

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Real Estate

Self-Help Remedy for Encroaching Branches or Roots
Generally speaking, a property owner may cut back branches and roots that stray onto the property owner's land. The right of self-help, as it is called, is not found in state law, however; it derives from the common law. More...
Reasonable Dispatch Service -- A Mover's Obligation to Deliver
When a homeowner or a tenant enters into a contract with a mover to transport furniture and furnishings out of state, those federal laws and the regulations adopted by the Federal Motor Carrier Safety Administration (FMCSA) come into play. The FMCSA requires a mover to transport a shipment with "reasonable dispatch." More...
The Attractive Nuisance Doctrine
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...
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. More...
Eminent Domain and the Public Use Doctrine
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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