Hist. A writ available to a landowner suffering from a nuisance on another’s land; a writ to abate a nuisance. • This writ also entitled a successful plaintiff to damages. — Also termed assisa de nocumento.
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A person who owns land abutting another’s; ABUTTER. [Cases: Adjoining Landowners 1. C.J.S. Adjoining Landowners §§ 2, 6–8, 39.]
An easement created when a landowner sells part of the land and restricts the buyer’s use of that part, and, in turn, that same restriction is placed on the part kept by the landowner. • Such an easement usu. arises when the original landowner creates a common scheme of development for smaller tracts that are
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faldage (fahl-dij), n. Hist. 1. A landowner’s right to require tenants to graze their sheep in designated temporary folds so that the manure will fertilize the field. — Also termed foldage; fold soc. 2. A sum of money paid to the landowner by a sheep-owning tenant in lieu of keeping the animals in the landowner’s
rule of capture. 1. The doctrine that if the donee of a general power of appointment manifests an intent to assume control of the property for all purposes and not just for the purpose of appointing it to someone, the donee captures the property and the property goes to the donee’s estate. • One common
contra formam feoffmenti (kon-tr[schwa] for-m[schwa]m feef-men-tI). [Latin “contrary to the form of the feoffment”] Hist. A writ that commanded a landowner to stop demanding from a tenant more services than those included in the tenant’s deed to the land. — Also spelled contra formam feoffamenti. “Contra formam feoffamenti is a writ that lies where a
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inventio (in-ven-shee-oh), n. [Latin] Roman law. A thing found; a finding. • Beginning in the reign of Hadrian, the finder of treasure either acquired title to the property or shared it with the landowner on whose land it was found. See TREASURE TROVE; THESAURI INVENTIO. Pl. inventiones (in-ven-shee-oh-neez).
boundary. 1. A natural or artificial separation that delineates the confines of real property (the creek serves as a boundary between the two properties). See METES AND BOUNDS. [Cases: Boundaries 1–25. C.J.S. Boundaries §§ 2–63.] “The object of all rules for the establishment of boundaries is to ascertain the actual location of the boundary as
lucrativa usucapio pro herede (loo-kr[schwa]-tI-v[schwa] yoo-z[y]oo-kay-pee-oh or -kap-ee-oh). [Latin] Roman law. A means of acquiring title to land that an heir has not possessed and excluding the rightful heirs by holding it for one year after the death of the landowner. • There was no requirement that the possessor act in good faith. This practice
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spite fence. A fence erected solely to annoy a neighbor, as by blocking the neighbor’s view or preventing the neighbor from acquiring an easement of light (the court temporarily enjoined the completion of the 25-foot spite fence). Cf. LAWFUL FENCE. [Cases: Adjoining Landowners 10; Fences 22; Nuisance 3(12). C.J.S. Adjoining Landowners §§ 68–69, 71, 74;