Metes and bounds are the boundaries of a parcel of real estate that identified by its natural landmarks. Metes and bounds landmarks are often used in a “legal description” of a land. Legal description is the geographical description of a land that...
land use & zoning law
mining claim
A mining claim is a portion of land containing minerals which a miner has a right to occupy and possess for the purpose of extracting minerals. The Mining Law of 1872, which provides a statutory framework for the extraction of minerals on public lands...
nonconforming use
Nonconforming use refers to when local governments change zoning laws and allow existing property some form of exemption from abiding by the new regulations. Zoning is an important tool used by city leaders, but often, new zoning regulations...
occupancy
Occupancy is a concept in property law defined as the state of possessing or residing on a piece of property. Both owners and tenants can be in occupancy of a property.
Actual occupancy of a piece of property is a necessary...
occupancy standard
Occupancy refers to living in or using premises or property as a customary and usual place of habitation to which return is contemplated after temporary absence (Travers v. Universal Fire & Cas. Ins. Co., 34 S.W.3d 156 (Mo. App. 2000)). Tenant and...
open mines doctrine
The open mines doctrine is a common law doctrine in property law that permits a life tenant to commit voluntary waste on a piece of land by depleting it of natural resources. The general rule is that a life tenant should avoid committing...
outbuilding
An outbuilding is a structure that is separate and detached from the main dwelling on a piece of land. An outbuilding may take various forms including barns, garages, or sheds, among others. Outbuildings can serve a functional role as...
private property
Private property refers to the ownership of property by private parties - essentially anyone or anything other than the government. Private property may consist of real estate, buildings, objects, intellectual property (copyright, patent,...
property power
The term property power refers to the power possessed by Congress under Article IV, §3 of the Constitution. Clause 2 provides that “The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the...
prudent investor rule
The Prudent Investor Rule serves as a guideline for determining how to calculate interest rates in order to compensate owners who have had their property taken in Fifth Amendment takings cases.
In takings cases, a landowner’...