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Inspections and Punch Lists

When a buyer works with a builder to plan the construction of a new home, the buyer will have an opportunity to look at models, drawings, plans and specifications. The combination of these documents gives the buyer a general idea of what the home will eventually look like. As the construction progresses, the idea takes form; however, until the process is complete and the buyer has actually walked through the completed structure, the buyer has no idea whether everything has been completed as imagined and in a workmanlike manner.

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.

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.

Adverse Possession

Adverse possession is a way that a claimant can establish title to real estate. Essentially, adverse possession is a nonpermissive use of land with a claim of right.

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.