property law

Definition

1) In civil and criminal procedure

To set aside or annul a previous judgment or order.

2) In property law

To surrender or leave the premises.

In dealing with water rights, the riparian doctrine states that water belongs to the person whose land borders a body of water. Riparian owners are permitted to make reasonable use of this water provided it does not unreasonably interfere with the reasonable use of this water by others with riparian rights.

In dealing with water rights, the prior appropriation doctrine states that water rights are determined by priority of beneficial use. This means that the first person to use water or divert water for a beneficial use or purpose can acquire individual rights to the water.

Definition

See quiet title action.

Definition

Legislative act dividing a jurisdiction's land into sections and regulating different land uses in each section in accordance with a zoning ordinance.

Flexibility in Zoning

A number of devices allow governing boards to include flexibility in their zoning:

• Non-conforming use:  Allowing a pre-existing use to continue
• Variance:  Al

Definition

A municipal law that outlines permitted uses for various sections of land.  Thus, some parts of a city may be dedicated to industrial use, while others may be set aside for residential or commercial use only.  A zoning ordinance may also regulate building height or restrict sound.

Illustrative caselaw

See, e.g. Pheasant Bridge Corp. v. Township of Warren, 169 N.J. 282 (N.J. 2001).

See also

• Zoning

Definition

1)  Empty, unclaimed, and/or unoccupied real property.

2)  An abandoned estate, i.e. an estate that has no heirs or claimants.

See tenancy for years.  

Definition

1) Property: Used in property law to describe an estate that is free from any limitations at all.  Only a fee simple may be absolute.

2) Divorce: An absolute divorce is a final judgment of divorce that dissolves the marriage and allows both parties to remarry.  It severs all spousal rights-- parties may no longer inherit from one another and all survivorship rights in property are considered as held jointy in common.

Definition

Where two different pieces of land (or other parcels of real property) touch one other or have a common border.