Jones has installed solar water heater panels on the roof of his home. The panels are connected by pipes to the water heater (located in the house). Jones' neighbor, Smith, has added a second story and a balcony to his (Smith's) home. The new addition
prevents the sun from hitting Jones' panels and Jones has not had a warm shower for a month. a. Does Jones have any rights against Smith for the prevention of the obstruction? b. Are the solar panels fixtures or personal property? Are any facts missing that are necessary for this determination? c. Suppose Jones' home is subject to a mortgage. The mortgage agreement has a clause covering all additions to the property. The mortgage was recorded on April 2, 2007. Jones had purchased the equipment for the solar panels on credit from Solar Water, Inc on November 19, 2009. What steps should Solar Water, Inc take to assure its interest in the panels? d. Is there any way Solar Water can enjoy priority over the bank's mortgage?
a. No, not unless an easement has been or is obtained
b. Annexation - part of water system; now an integral part of the home; probably a fixture
c. Should execute security agreement and financing statement and file.
d. Since it is a PMSI, should file locally to perfect and take priority over mortgagee.
You might also like to view...
Which statistic is associated only with multiple regression and not with bivariate regression?
A) adjusted R2 B) partial F test C) estimated or predicted value (?) D) both A and B
The United States v. Lopez case demonstrates which of the following?
a. There are no limitations on the federal government's power pursuant to the Interstate Commerce Clause. b. The extensive power of the states to regulate interstate commerce. c. Limitations on federal power. d. Gun ownership cannot be regulated.
Which of the following products is likely to be assembled on a repetitive process line?
A) automobiles B) custom personal computers C) custom cakes D) steel E) beer
The commitment of financial, human, and technical resources is highest during the:
A) Conceptualization phase. B) Planning phase. C) Execution phase. D) Termination phase.