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Lateral and subjacent support, in the law of property, describes the right a landowner has to have that land physically supported in its natural state by both adjoining land and underground structures.
Right to light is a form of easement in English law that gives a long-standing owner of a building with windows a right to maintain an adequate level of illumination. The right was traditionally known as the doctrine of " ancient lights ". [ 1 ]
The law regarding fixtures can also cause many problems with property held under a lease. Fixtures put in place by the tenant belong to the landlord if the tenant is evicted from the property. This is the case even if the fixture could have legally been removed by the tenant while the lease was in good standing.
There are two main views on the right to property in the United States, the traditional view and the bundle of rights view. [6] The traditionalists believe that there is a core, inherent meaning in the concept of property, while the bundle of rights view states that the property owner only has bundle of permissible uses over the property. [1]
Wilson v. Arkansas, 514 U.S. 927 (1995), is a United States Supreme Court decision in which the Court held that the traditional, common-law-derived "knock and announce" rule for executing search warrants must be incorporated into the "reasonableness" analysis of whether the actual execution of the warrant is/was justified under the 4th Amendment.
However, if an officer is inside a suspect's home under an unrelated warrant, he or she may rely on the plain view doctrine, subject to the doctrine's other requirements. [17] In Arizona v. Hicks , the police officers were in the apartment under another exception to the warrant requirement, exigent circumstances .
This opinion led to changes in the law in many other states in the United States, and is viewed as a seminal opinion in the development of the law of premises liability. There must be negligence—a breach of the duty of care—or some other wrongful act. In recent years, the law of premises liability has evolved to include cases where a person ...
In the United States, a home rule city, charter city, or home rule charter city is a city in which the governing system is defined by its own municipal charter document rather than solely by state statute (general law). State law may require general-law cities to have a five-member city council, for example, as in California, but a city ...