Abandoned property is defined as personal property left by an owner who intentionally relinquishes all rights to its control. Real property may not be abandoned; see adverse possession.
Overview:At common law, a person...
Abandoned property is defined as personal property left by an owner who intentionally relinquishes all rights to its control. Real property may not be abandoned; see adverse possession.
Overview:At common law, a person...
Affirmative waste, also referred to as voluntary waste, refers to overt and willful acts of destruction performed by a tenant or life tenant that lead to the drop in value of a piece of property by harming the property or depleting natural...
Ameliorative waste refers to modifications that increase the value of property made by a tenant who failed to obtain the landowner or future interest holder’s permission. Ameliorative waste differs from permissive waste and voluntary waste,...
The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), codified in 42 U.S.C. Chapter 103, is a large piece of legislation that gives the Environmental Protection Agency (EPA) the ability to intervene in...
Eminent domain refers to the power of the government to take private property and convert it into public use, referred to as a taking. The Fifth Amendment provides that the government may only exercise this power if they provide...
Landlord-tenant law governs the rental of commercial and residential property. It is composed primarily of state statutes and common law. A number of states have based their statutory law on either the Uniform Residential Landlord And...
In 1908, pursuant to the General Railroad Right-of-Way Act of 1875 (43 U.S.C. §§ 934-39) (“1875 Act”), the United States granted a right-of-way from Laramie, Wyoming to Colorado to the Hahn’s Peak and Pacific Railroad Company. See Petition for...
Between 1994 and 1995, Joseph, Michael, Donna, and Peggy Murr (collectively, “the Murrs”), received from their parents two neighboring lots along the St. Croix River—Lots E and F. See Murr v. Wisconsin, No. 2013AP2828, at *2, 4 (Wis. Ct. App. Dec. 23,...
In property law, a doctrine that permits a tenant to commit voluntary waste on a piece of land by depleting it of natural resources when mining was previously done on the land and mines were currently open at the time the tenant took possession of the...
In property law, this refers to harm to a piece of property, such as the land falling into disrepair, caused by a tenant's neglect of the property. Examples of permissive neglect include the tenant not doing maintenance on the property, performing...