Delphi Land Use & Zoning Lawyer, Indiana
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Judson Gregory Barce
Land Use & Zoning, Litigation, Municipal, Civil & Human Rights
Status: In Good Standing *Status is reviewed annually. For latest information visit here Licensed: 32 Years
103 N. Jackson Avenue, Fowler, IN 47944
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LEGAL TERMS
TESTAMENTARY DISPOSITION
Leaving property in a will.
SUBLEASE
A rental agreement or lease between a tenant and a new tenant (called a sublessee) who will either share the rental or take over from the first tenant. The subl... (more...)
A rental agreement or lease between a tenant and a new tenant (called a sublessee) who will either share the rental or take over from the first tenant. The sublessee pays rent directly to the tenant. The tenant is still completely responsible to the landlord for the rent and for any damage, including that caused by the sublessee. Most landlords prohibit subleases unless they have given prior written consent. Compare assignment.
INCAPACITY
(1) A lack of physical or mental abilities that results in a person's inability to manage his or her own personal care, property or finances. (2) A lack of abil... (more...)
(1) A lack of physical or mental abilities that results in a person's inability to manage his or her own personal care, property or finances. (2) A lack of ability to understand one's actions when making a will or other legal document. (3) The inability of an injured worker to perform his or her job. This may qualify the worker for disability benefits or workers' compensation.
QUIET ENJOYMENT
The right of a property owner or tenant to enjoy his or her property without interference. Disruption of quiet enjoyment may constitute a nuisance. Leases and r... (more...)
The right of a property owner or tenant to enjoy his or her property without interference. Disruption of quiet enjoyment may constitute a nuisance. Leases and rental agreements often contain a 'covenant of quiet enjoyment,' expressly obligating the landlord to see that tenants have the opportunity to live undisturbed.
INCIDENTS OF OWNERSHIP
Any control over property. If you give away property but keep an incident of ownership--for example, you give away an apartment building but retain the right to... (more...)
Any control over property. If you give away property but keep an incident of ownership--for example, you give away an apartment building but retain the right to receive rent--then legally, no gift has been made. This distinction can be important if you're making large gifts to reduce your eventual estate tax.
LEASE
An oral or written agreement (a contract) between two people concerning the use by one of the property of the other. A person can lease real estate (such as an ... (more...)
An oral or written agreement (a contract) between two people concerning the use by one of the property of the other. A person can lease real estate (such as an apartment or business property) or personal property (such as a car or a boat). A lease should cover basic issues such as when the lease will begin and end, the rent or other costs, how payments should be made, and any restrictions on the use of the property. The property owner is often called the 'lessor,' and the person using the property is called the 'lessee.'
PROPERTY
See personal property, real estate, community property, separate property.
HOMEOWNERS' ASSOCIATION
An organization comprising neighbors concerned with managing the common areas of a subdivision or condominium complex. These associations take on issues such as... (more...)
An organization comprising neighbors concerned with managing the common areas of a subdivision or condominium complex. These associations take on issues such as salting and sanding a subdivision when it snows and collecting dues from residents. The homeowners' association is also responsible for enforcing any covenants, conditions & restrictions that apply to the property.
PATENT CLAIM
A statement included in a patent application that describes the structure of an invention in precise and exact terms, using a long established formal style and ... (more...)
A statement included in a patent application that describes the structure of an invention in precise and exact terms, using a long established formal style and precise terminology. Patent claims serve as a way for the U.S. Patent and Trademark Office (PTO) to determine whether an invention is patentable, and as a way for a court to determine whether a patent has been infringed. In concept, a patent claim marks the boundaries of the patent in the same way as the legal description in a deed specifies the boundaries of the 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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