Hanover Land Use & Zoning Lawyer, Indiana
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LEGAL TERMS
ASSIGNEE
A person to whom a property right is transferred. For example, an assignee may take over a lease from a tenant who wants to permanently move out before the leas... (more...)
A person to whom a property right is transferred. For example, an assignee may take over a lease from a tenant who wants to permanently move out before the lease expires. The assignee takes control of the property and assumes all the legal rights and responsibilities of the tenant, including payment of rent. However, the original tenant remains legally responsible if the assignee fails to pay the rent.
SPECIFIC PERFORMANCE
A remedy provided by a court that orders the losing side to perform its part of a contract rather than, or possibly in addition to, paying money damages to the ... (more...)
A remedy provided by a court that orders the losing side to perform its part of a contract rather than, or possibly in addition to, paying money damages to the winner.
HOMESTEAD
(1) The house in which a family lives, plus any adjoining land and other buildings on that land. (2) Real estate which is not subject to the claims of creditors... (more...)
(1) The house in which a family lives, plus any adjoining land and other buildings on that land. (2) Real estate which is not subject to the claims of creditors as long as it is occupied as a home by the head of the household. After the head of the family dies, homestead laws often allow the surviving spouse or minor children to live on the property for as long as they choose. (3) Land acquired out of the public lands of the United States. The term 'homesteaders' refers to people who got their land by settling it and making it productive, rather than purchasing it outright.
CONTRACT
A legally binding agreement involving two or more people or businesses (called parties) that sets forth what the parties will or will not do. Most contracts tha... (more...)
A legally binding agreement involving two or more people or businesses (called parties) that sets forth what the parties will or will not do. Most contracts that can be carried out within one year can be either oral or written. Major exceptions include contracts involving the ownership of real estate and commercial contracts for goods worth $500 or more, which must be in writing to be enforceable. (See statute of frauds.) A contract is formed when competent parties -- usually adults of sound mind or business entities -- mutually agree to provide each other some benefit (called consideration), such as a promise to pay money in exchange for a promise to deliver specified goods or services or the actual delivery of those goods and services. A contract normally requires one party to make a reasonably detailed offer to do something -- including, typically, the price, time for performance and other essential terms and conditions -- and the other to accept without significant change. For example, if I offer to sell you ten roses for $5 to be delivered next Thursday and you say 'It's a deal,' we've made a valid contract. On the other hand, if one party fails to offer something of benefit to the other, there is no contract. For example, if Maria promises to fix Josh's car, there is no contract unless Josh promises something in return for Maria's services.
PRECEDENT
A legal principle or rule created by one or more decisions of a state or federal appellate court. These rules provide a point of reference or authority for judg... (more...)
A legal principle or rule created by one or more decisions of a state or federal appellate court. These rules provide a point of reference or authority for judges deciding similar issues in later cases. Lower courts must apply these rules when faced with similar legal issues. For example, if the Montana Supreme Court decides that a certain type of employment contract overly restricts the right of the employee to quit and get another job, all other Montana courts must apply this same rule.
LANDLORD
The owner of any real estate, such as a house, apartment building or land, that is leased or rented to another person, called the tenant.
NULLA BONA
Latin for 'no goods.' This is what the sheriff writes when she can find no property to seize in order to pay off a court judgment.
PROPERTY
See personal property, real estate, community property, separate property.
REAL PROPERTY
Another term for real estate. It includes land and things permanently attached to the land, such as trees, buildings, and stationary mobile homes. Anything that... (more...)
Another term for real estate. It includes land and things permanently attached to the land, such as trees, buildings, and stationary mobile homes. Anything that is not real property is termed personal property.
SAMPLE LEGAL CASES
COMMON COUN. MI CITY v. BD. OF ZONING APP.
On August 15, 2006, Herman & Kittle Properties, Inc., ("Herman & Kittle") filed with the Michigan
City plan director an application for permission to construct an apartment complex on the land
annexed in 1971. On September 26, 2006, the Common Council met and voted to rezone ...
600 LAND v. METROPOLITAN BD. ZONING APP.
600 Land, Inc. purchased an 8-acre parcel of land in Marion County with the intent to develop
it as a "solid waste transfer station" and recycling facility. Trucks bring loads of solid waste and
recyclables to a "transfer station," a building where 307 the trucks are unloaded, the loads ...
Burcham v. Metro. Bd. of Zoning Appeals
Crooked Creek Community Council, Inc., appeals the trial court's affirmation of a zoning variance
[1] granted to Celebration Fireworks. On cross-appeal, Celebration and the Metropolitan Board
of Zoning Appeals Division I of Marion County ("BZA") assert we should dismiss this ...
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