Hewlett Land Use & Zoning Lawyer, New York, page 2

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LEGAL TERMS

STATUTE OF LIMITATIONS

The legally prescribed time limit in which a lawsuit must be filed. Statutes of limitation differ depending on the type of legal claim, and often the state. For... (more...)
The legally prescribed time limit in which a lawsuit must be filed. Statutes of limitation differ depending on the type of legal claim, and often the state. For example, many states require that a personal injury lawsuit be filed within one year from the date of injury -- or in some instances, from the date when it should reasonably have been discovered -- but some allow two years. Similarly, claims based on a written contract must be filed in court within four years from the date the contract was broken in some states and five years in others. Statute of limitations rules apply to cases filed in all courts, including federal court.

ESCHEAT

The forfeit of all property to the state when a person dies without heirs.

USUFRUCT

The right to use property -- or income from property -- that is owned by another.

NOVATION

The substitution of a new contract for an old one. A novation may change one of the parties to the contract or the duties that must be performed by the original... (more...)
The substitution of a new contract for an old one. A novation may change one of the parties to the contract or the duties that must be performed by the original parties.

UNJUST ENRICHMENT

A legal doctrine stating that if a person receives money or other property through no effort of his own, at the expense of another, the recipient should return ... (more...)
A legal doctrine stating that if a person receives money or other property through no effort of his own, at the expense of another, the recipient should return the property to the rightful owner, even if the property was not obtained illegally. Most courts will order that the property be returned if the party who has suffered the loss brings a lawsuit.

DEED IN LIEU (OF FORECLOSURE)

A means of escaping an overly burdenome mortgage. If a homeowner can't make the mortgage payments and can't find a buyer for the house, many lenders will accept... (more...)
A means of escaping an overly burdenome mortgage. If a homeowner can't make the mortgage payments and can't find a buyer for the house, many lenders will accept ownership of the property in place of the money owed on the mortgage. Even if the lender won't agree to accept the property, the homeowner can prepare a quitclaim deed that unilaterally transfers the homeowner's property rights to the lender.

WORDS OF PROCREATION

Language used to leave property to a person and his or her descendants, which typically take the form 'to A, and the heirs of his body,' where A is the person r... (more...)
Language used to leave property to a person and his or her descendants, which typically take the form 'to A, and the heirs of his body,' where A is the person receiving the property.

BALLOON PAYMENT

A large final payment due at the end of a loan, typically a home or car loan, to pay off the amount your monthly payments didn't cover. Many states prohibit bal... (more...)
A large final payment due at the end of a loan, typically a home or car loan, to pay off the amount your monthly payments didn't cover. Many states prohibit balloon payments in loans for goods or services that are primarily for personal, family or household use, or require the lender to let you refinance the balloon payment before forcing collection.

UNCLEAN HANDS

A legal doctrine that prevents a plaintiff who has acted unethically in relation to a lawsuit from winning the suit or from recovering as much money as she woul... (more...)
A legal doctrine that prevents a plaintiff who has acted unethically in relation to a lawsuit from winning the suit or from recovering as much money as she would have if she had behaved honorably. For example, if a contractor is suing a homeowner to recover the price of work he did on the home, his failure to perform the work as specified would leave him with unclean hands.

SAMPLE LEGAL CASES

CASPIAN v. Zoning Bd.

The issue on this appeal is whether a municipal zoning board may deny requested area variances on the basis of common-law principles that are independent of the statutory factors enumerated under Town Law § 267-b (3). In particular, we are asked to determine whether ongoing ...

MATTER OF GENSER v. Board of Zoning and Appeals of Town of North Hempstead

Meanwhile, after a public hearing on January 3, 2006, the Town of North Hempstead adopted the zoning amendment which provided, inter alia, that the minimum lot width in the residence A district where the lot is located must be either 65 feet or the average width of the lots ...

MATTER OF WEST BEEKMANTOWN NEIGHBORHOOD ASSOCIATION, INC. v. Zoning Board of Appeals of the Town of Beekmantown

Petitioners contend that the ZBA's issuance of a negative declaration and subsequent grant of the conditional use permit was improper because the determination that the proposed wind farm constituted an essential service as defined by the Town Zoning Law was arbitrary and ...

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