cesser (ses-[schwa]r). 1. Hist. A tenant whose failure to pay rent or perform prescribed services gives the landowner the right to recover possession of the land. — Also spelled cessor; cessure. 2. The termination of a right or interest. “A proviso of cesser is usually annexed to long terms, raised by mortgage, marriage settlement, or […]
subsurface interest. 1. A landowner’s right to the minerals and water below the property. [Cases: Mines and Minerals 47; Waters and Water Courses 100–101. C.J.S. Mines and Minerals §§ 140, 142; Waters§§ 92, 193–197, 199–206.] 2. A similar right held by another through grant by, or purchase from, a landowner. Cf. SURFACE INTEREST; MINERAL INTEREST.
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support, n. 1. Sustenance or maintenance; esp., articles such as food and clothing that allow one to live in the degree of comfort to which one is accustomed. See MAINTENANCE; NECESSARIES. “Generally speaking, the words ‘support’ and ‘maintenance’ are used synonymously to refer to food, clothing and other conveniences, and shelter, including, in some cases,
pending-ordinance doctrine. The principle that a municipality may properly deny an application for a property use that, although it would satisfy existing law, would violate a law that is pending when the application is made. • This doctrine was judicially created, mainly to short-circuit landowners’ attempts to circumvent a new ordinance by applying for a
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right of support. Property. 1. A landowner’s right to have the land supported by adjacent land and by the underlying earth. [Cases: Adjoining Landowners 2. C.J.S. Adjoining Landowners §§ 9–10, 14.] 2. A servitude giving the owner of a house the right to rest timber on the walls of a neighboring house.
business visitor. 1. Torts. A person who is invited or permitted to enter or remain on another’s land for a purpose directly or indirectly connected with the landowner’s or possessor’s business dealings. — Also termed business invitee; business guest. See INVITEE. 2. Immigration law. A non-U.S. citizen who has a B–1 visa, which allows the
apportionment rule. Oil & gas. The minority doctrine that royalties accrued under an oil-and-gas lease on land that is subdivided during the lease term must be shared by the landowners in proportion to their interests in the land. • For example, if Grey granted a lease to Simms, then sold one-half of the land to
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A servitude imposed on land taken under an eminent-domain proceeding for a different type of servitude, as when a highway is constructed on land condemned for a public sidewalk. • A landowner whose land is burdened by an additional servitude is entitled to further compensation.
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Civil law. A structure newly commenced on a particular estate. • A denunciation of new works is a remedy allowed for an adjacent landowner whose property will be injured if the structure is completed.
Support by the land that lies next to the land under consideration. — Also termed easement of natural support. [Cases: Adjoining Landowners 2. C.J.S. Adjoining Landowners §§ 9–10, 14.]