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Ripeness issues most usually arise when a plaintiff seeks anticipatory relief, such as an injunction. Originally stated in Liverpool, New York & Philadelphia Steamship Co. v. Commissioners of Emigration (1885), [ 2 ] ripeness is one the seven rules of the constitutional avoidance doctrine established in Ashwander v.
The "first possession" theory of property holds that ownership of something is justified simply by someone seizing it before someone else does. [1] This contrasts with the labor theory of property where something may become property only by applying productive labor to it, i.e. by making something out of the materials of nature.
The rule against perpetuities serves a number of purposes. First, English courts have long recognized that allowing owners to attach long-lasting contingencies to their property harms the ability of future generations to freely buy and sell the property, since few people would be willing to buy property that had unresolved issues regarding its ownership hanging over it.
According to the doctrine of "highest and best use," in any case where the market value of real property is sought, that value must be based on that use that would produce the highest value for a property, regardless of its actual current use.
A common law rule "that a freehold contingent remainder which does not vest at or before the termination of the preceding freehold estate is destroyed. Such termination of the preceding estate might result from the natural expiration of that estate, or from forfeiture, or from merger." [1]
The doctrine applies when a landlord of real property has acted in a way that renders the property uninhabitable. Constructive Eviction does not have to be intentional by the landlord, and acts can range from failure to remove pests or fix necessary appliances, to changing locks or creating a hostile environment.
Adverse possession in common law, and the related civil law concept of usucaption (also acquisitive prescription or prescriptive acquisition), are legal mechanisms under which a person who does not have legal title to a piece of property, usually real property, may acquire legal ownership based on continuous possession or occupation without the permission of its legal owner.
Abbott Laboratories v. Gardner, 387 U.S. 136 (1967), was a case heard before the United States Supreme Court.The Court held that drug companies were not prohibited by the ripeness doctrine from challenging a U.S. Food and Drug Administration (FDA) regulation requiring a prescription drug's generic name to appear on all related printed materials.