Newport Construction Lawyer, Vermont
Includes: Construction Contracts, Construction Liens, Housing & Construction Defects
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Sonia E. Dunbar
Divorce & Family Law, Contract, Landlord-Tenant, Collaborative Law
Status: In Good Standing
Craftsbury, VT 05826
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LEGAL TERMS
BALLOON PAYMENT
A large final payment due at the end of a loan, typically a home or car loan, to pay off the amount your monthly payments didn't cover. Many states prohibit bal... (more...)
A large final payment due at the end of a loan, typically a home or car loan, to pay off the amount your monthly payments didn't cover. Many states prohibit balloon payments in loans for goods or services that are primarily for personal, family or household use, or require the lender to let you refinance the balloon payment before forcing collection.
RUNNING WITH THE LAND
A phrase used in property law to describe a right or duty that remains with a piece of property no matter who owns it. For example, the duty to allow a public b... (more...)
A phrase used in property law to describe a right or duty that remains with a piece of property no matter who owns it. For example, the duty to allow a public beach access path across waterfront property would most likely pass from one owner of the property to the next.
QUIET ENJOYMENT
The right of a property owner or tenant to enjoy his or her property without interference. Disruption of quiet enjoyment may constitute a nuisance. Leases and r... (more...)
The right of a property owner or tenant to enjoy his or her property without interference. Disruption of quiet enjoyment may constitute a nuisance. Leases and rental agreements often contain a 'covenant of quiet enjoyment,' expressly obligating the landlord to see that tenants have the opportunity to live undisturbed.
ELEMENTS (OF A CASE)
The component parts of a legal claim or cause of action. To win a lawsuit, a plaintiff must prove every element of a legal claim. For example, here are the elem... (more...)
The component parts of a legal claim or cause of action. To win a lawsuit, a plaintiff must prove every element of a legal claim. For example, here are the elements of a breach of contract claim: There was a valid contract. The plaintiff performed as specified by the contract. The defendant failed to perform as specified by the contract. The plaintiff suffered an economic loss as a result of the defendant's breach of contract.
DEMURRER
A request made to a court, asking it to dismiss a lawsuit on the grounds that no legal claim is asserted. For example, you might file a demurrer if your neighbo... (more...)
A request made to a court, asking it to dismiss a lawsuit on the grounds that no legal claim is asserted. For example, you might file a demurrer if your neighbor sued you for parking on the street in front of her house. Your parking habits may annoy your neighbor, but the curb is public property and parking there doesn't cause any harm recognized by the law. After a demurrer is filed, the judge holds a hearing at which both sides can make their arguments about the matter. The judge may dismiss all or part of the lawsuit, or may allow the party who filed the lawsuit to amend its complaint. In some states and in federal court, the term demurrer has been replaced by 'motion to dismiss for failure to state a claim' (called a '12(b)(6) motion' in federal court) or similar term.
SETBACK
The distance between a property boundary and a building. A minimum setback is usually required by law.
SERVIENT TENEMENT
Property that is subject to use by another for a specific purpose. For example, a beachfront house that has a public walkway to the beach on its premises would ... (more...)
Property that is subject to use by another for a specific purpose. For example, a beachfront house that has a public walkway to the beach on its premises would be a servient tenement.
INHERITORS
Persons or organizations who receive property from someone who dies.
REFORMATION
The act of changing a written contract when one of the parties can prove that the actual agreement was different than what's written down. The changes are usual... (more...)
The act of changing a written contract when one of the parties can prove that the actual agreement was different than what's written down. The changes are usually made by a court when both parties overlooked a mistake in the document, or when one party has deceived the other.
SAMPLE LEGAL CASES
IN RE EUSTANCE ACT 250 JURISDICTIONAL OPINION (# 2-231)
... PRESENT: Reiber, CJ, Dooley, Johnson, Skoglund and Burgess, JJ. DOOLEY, J. ¶ 1. Robert
and Lourdes Eustance appeal an Environmental Court order that required an Act 250 permit
amendment for the construction of improvements to their property. ...
Delta Psi Fraternity v. City of Burlington
... 32 VSA § 3802(5) (emphasis added). ¶ 7. When interpreting statutes, "[t]he bedrock rule of
statutory construction is to determine and give effect to the intent of the Legislature." In re
CS, 158 Vt. 339, 343, 609 A.2d 641, 643 (1992); see also Wesco, Inc. ...
In re Chatham Woods Holdings, LLC
... Except for excavation, the two owners of Chatham Woods did not directly participate
in the construction of the units, but instead subcontracted the work to various construction
companies. ... BK Construction, Inc. is owned by Bryan Howes. ...
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