property law

Definition

A U.S. Supreme Court case in which the Court held that President Truman lacked either constitutional or statutory authority to seize the nation's strike-bound steel mills (the Court noted, however, that Congress would have had constitutional authority to do so). The President had ordered the Secretary of Commerce to take possession of and operate the mills in order to maintain steel production during the Korean War. 

Definition

A 1926 U.S. Supreme Court case in which the court held that a zoning ordinance can be a valid exercise of a state's police powers.

Illustrative caselaw

Village of Euclid v. Ambler Realty Co., 272 U.S. 365 (1926).

See also

• Real property

Definition

A common notice period required by many state and local landlord-tenant laws and ordinances.

A notice from a landlord to a tenant to vacate the premises within 30 days; a notice from a landlord to a tenant informing the tenant of a change in the terms of the tenancy, e.g. an increase in rent; or a notice from a tenant to a landlord informing the landlord of his or her intent to vacate the premises within 30 days.

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.

Definition

An estate that has no heirs, because they either do not exist or have renounced the estate. A vacant estate may escheat back to the state.

Definition

1) To leave or vacate real property. A landlord generally must give his or her tenant notice to quit the premises. 

2) To cease doing something.

Illustrative caselaw

See, e.g. Levis v. Kengla, 169 U.S. 234 (1898).

See also

• 30-day notice

• Cure or quit

Definition

A property owner or tenant's right to possess and use his or her property without disturbance, including by a person with superior title. A disturbance of an owner or tenant's possession or use may constitute a nuisance. A deed or lease may include a covenant of quiet enjoyment to insure an owner or tenant against a disturbance.

Illustrative caselaw

See, e.g. 61 W. 62 Owners Corp. v. CGM EMP LLC, 906 N.Y.S.2d 549 (N.Y. App. Div. 2010).

Definition

Definition

Property, such as a fixture or lease for years, that, although unmovable, is considered personal property.

Illustrative caselaw

See, e.g. Clancy v. Oak Park Village Athletic Center, 364 N.W.2d 312 (1985).

See also

• Real property

Definition

Property acquired by a married person or couple in a non-community property state that would have been community property if it had been acquired in a community property state, e.g. California. If the married couple subsequently relocates to a community property state and either the couple divorces or one spouse dies, a court in that state may treat the property like community property when determining the property interests of the divorcing or surviving spouse(s).