Also known as: legal contrivance
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A legal mechanism by which real property is pledged to secure payment of a debt or performance of an obligation. The mechanism creates a security interest that permits foreclosure upon default while allowing the debtor to retain possession and an equity of redemption.
A legal mechanism by which real property is pledged to secure payment of a debt or performance of an obligation. The mechanism creates a security interest that permits foreclosure upon default while allowing the debtor to retain possession and an equity of redemption.
Select any source to read its text and confirm it supports the definition.
A mechanism employed to protect possession of land or chattels from intrusion. The mechanism must be reasonably necessary, not intended or likely to cause death or serious bodily harm, and either customary or made known to probable intruders.
Select any source to read its text and confirm it supports the definition.
An electronic mechanism used to monitor location or record sounds or events. A warrant authorizing its use must identify the person or property to be tracked and specify a reasonable duration not exceeding forty-five days.
Select any source to read its text and confirm it supports the definition.
A mechanism employed to protect possession of land or chattels from intrusion. The mechanism must be reasonably necessary, not intended or likely to cause death or serious bodily harm, and either customary or made known to probable intruders.
An electronic mechanism used to monitor location or record sounds or events. A warrant authorizing its use must identify the person or property to be tracked and specify a reasonable duration not exceeding forty-five days.
Each sense below has its own examples, sources, and questions.
Dominic Drake borrowed funds from Dover Bank to build a warehouse. He executed a mortgage on the land in favor of the bank. When Drake defaulted on repayment, the bank initiated foreclosure proceedings to sell the property and recover the debt.
Duffy Construction recorded covenants requiring all lots in a new subdivision to maintain a minimum setback from the road. The covenants bound subsequent purchasers because they created rights and obligations that attached to the land itself.
Diana Delgado granted a mortgage to Drake Logistics that secured both the original construction loan and any later advances the lender might make for equipment purchases. After Delgado defaulted on both the initial debt and a subsequent advance, the lender foreclosed on the entire secured amount.
No. A mortgage or other security device requires a valid underlying obligation. If the debt is discharged or becomes void, the mortgage is extinguished or unenforceable.
Supporting sources
A servitude creates a right or obligation that runs with the land itself and binds subsequent owners, whereas an ordinary contract right binds only the original parties.
Supporting sources
Daniel Diaz installed a spring-loaded shotgun inside the door of his isolated hunting cabin. The gun was rigged to fire only at knee level and a warning sign was posted outside. When a deliberate intruder entered at night, the device discharged and caused non-fatal injury. Diaz faced no tort liability.
The device must be reasonably necessary to protect the property, not intended or likely to cause death or serious bodily harm, reasonable under the circumstances, and either customary for the purpose or made known to probable intruders.
Supporting sources
Federal agents obtained a warrant to track the location of a suspect's cell phone during a kidnapping investigation. The warrant identified the phone number and limited use of the tracking function to fourteen days. Officers executed the warrant within the authorized period and returned it to the issuing magistrate.
Decker Electronics sold a cardiac monitor to hospitals. When a patient suffered injury from a malfunction, the company had provided all risk information to the implanting physician rather than directly to patients. The court applied the learned-intermediary rule and dismissed the failure-to-warn claim.
The warrant must identify the person or property to be tracked, designate the magistrate judge to whom it is returned, and specify a reasonable period of use not exceeding forty-five days from issuance, subject to extensions for good cause.
Supporting sources