Answer to Question 1
All first and second lien mortgages; all FHA mortgages; all mortgages to be sold to government corporations; all mortgages by federal institutions.
Answer to Question 2
The statement is generally correct. The Fountainbleau case illustrates that there is some risk associated with the use of property by adjoining landowners. In the absence of deed restrictions, CCRs, or solar protection statutes, there is always a risk that the adjoining landowner would make some use of the property that interferes with view, light, shade, etc. However, if the use prevented development or use of surrounding property, the effect may be that a nuisance is created.