real property Flashcards
is a landowner liable for damages caused by their failure to provide lateral support to adjacent land in its NATURAL state?
yes! A landowner is strictly liable for damages caused by his failure to provide lateral support to adjacent land in its natural state. In addition, if such a failure is established, the excavating party will also be liable for damage to buildings on the land.
Person might have to prove that his land would have subsided even with no buildings on it, and then the strict liability rule woudl be invoked and the builder would be liable for all damages caused by the subsidence, including damages to the neighbor’s buildings.
how are junior mortgages affected if a senior mortgage is modified?
if a senior mortgage is modified, a junior mortgage prevails over the modification to the extent that the modification materially prejudices the holder of the junior mortgage, such as by:
(1) increasing the amount of principal; or
(2) rescheduling installment payments
