PROPERTY

Egelhoff v. Egelhoff (2001)

U.S. Supreme Court decision in which the Court ruled that a woman who was named as the beneficiary of her former husband's 401(k) plan was entitled to inherit the money in the plan, even though state law said that the divorce had automatically revoked her right to inherit. Because a 401(k) plan is ruled by federal law (ERISA), it overruled the state law.

work made for hire

Under the Copyright Act, a work made for hire is:

"1) A work prepared by an employee within the scope of his/her employment; or

2) A work specially ordered or commissioned for use as a contribution to a collective work, as a part of a mo-tion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire."

view ordinance

A local law designed to protect property owners who have desirable (and valuable) views. Typically, these ordinances allow property owners to insist on the trimming of trees that have grown and now block the view, so that the original view is restored, The property owner must pay for the trimming. View ordinances generally don't cover buildings or other structures that block views.

Vertical privity

Definition

1) In business law, the relationship between companies in a distribution chain. For example, a manufacturer and a distributor are in vertical privity. Those in vertical privity are jointly liable for product defects in the vertical chain.

2) The relationship between a party to a restrictive covenant and a person who later acquires the property burdened by the covenant from the party. The purchaser is bound by the covenant if he or she had sufficient notice of it at the time of purchase.

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