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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.
The proviso says that although every appropriation of property is a diminution of another's rights to it, it is acceptable as long as it does not make anyone worse off than they would have been without any private property. [3] In Georgism, the possession of land is proper only so long as the market rent is paid to the relevant community. If a ...
Lapse and anti-lapse [1] are complementary concepts under the US law of wills, which address the disposition of property that is willed to someone who dies before the testator (the writer of the will).
Wisconsin, 137 S. Ct. 1933 (2017), the Court held that denominator is best assessed through a multi-factor balancing test that includes such factors as "the treatment of the land, in particular how it is bounded or divided, under state and local law," the "physical characteristics of the landowner’s property," and "the value of the property ...
The covenant must 'touch and concern' the land – it must affect how the land is used or the value of the land The benefited land must be identifiable. At common law, the burden of a restrictive covenant does not run [ 15 ] except where strict privity of estate (a landlord/tenant relationship) exists.
Dolan v. City of Tigard, 512 U.S. 374 (1994), more commonly Dolan v.Tigard, is a United States Supreme Court case. [1] It is a landmark case regarding the practice of zoning and property rights, and has served to establish limits on the ability of cities and other government agencies to use zoning and land-use regulations to compel property owners to make unrelated public improvements as a ...
A grandfather clause (or grandfather policy or grandfathering) is a provision in which an old rule continues to apply to some existing situations while a new rule will apply to all future cases. Those exempt from the new rule are said to have grandfather rights or acquired rights , or to have been grandfathered in .
South Carolina's Coastal Zone Management Act (1977) required owners of coast land in "critical areas" near beaches to obtain permits from Respondent South Carolina Coastal Council before committing the land to new uses. The Beachfront Management Act, passed two years after Lucas's purchase of the lots, effectively prevented Petitioner Lucas ...