Property that is subject to use by another for a specific purpose. For example, a beachfront house that has a public walkway to the beach on its premises would ... (more...)

Property that is subject to use by another for a specific purpose. For example, a beachfront house that has a public walkway to the beach on its premises would be a servient tenement.

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.

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.

YELLOW-DOG CONTRACT

An employment contract in which the employer forbids the employee to join a labor union. Yellow-dog contracts are not legally enforceable.

QUITCLAIM DEED

A deed that transfers whatever ownership interest the transferor has in a particular property. The deed does not guarantee anything about what is being transfer... (more...)

A deed that transfers whatever ownership interest the transferor has in a particular property. The deed does not guarantee anything about what is being transferred, however. For example, a divorcing husband may quitclaim his interest in certain real estate to his ex-wife, officially giving up any legal interest in the property. Compare grant deed.

BREACH OF CONTRACT

A legal claim that one party failed to perform as required under a valid agreement with the other party. For example you might say, 'The roofer breached our con... (more...)

A legal claim that one party failed to perform as required under a valid agreement with the other party. For example you might say, 'The roofer breached our contract by using substandard supplies when he repaired my roof.'

FORECLOSURE

The forced sale of real estate to pay off a loan on which the owner of the property has defaulted.

FAIR HOUSING ACT & FAIR HOUSING AMENDMENTS ACT

Federal laws that prohibit housing discrimination on the basis of race or color, national origin, religion, sex, familial status or disability. The federal Acts... (more...)

Federal laws that prohibit housing discrimination on the basis of race or color, national origin, religion, sex, familial status or disability. The federal Acts apply to all aspects of the landlord/tenant relationship, from refusing to rent to members of certain groups to providing different services during tenancy.

RESTRAINT ON ALIENATION

A provision in a deed or will that attempts to restrict ownership of the property -- for example, selling your house to your daughter with the provision that it... (more...)

A provision in a deed or will that attempts to restrict ownership of the property -- for example, selling your house to your daughter with the provision that it never be sold to anyone outside the family. These provisions are generally unenforceable.

SAMPLE LEGAL CASES

COAL GAS RECOVERY v. Franklin Township Zoning Hearing Board

Coal Gas Recovery and Emerald Coal Resources appeal an order of the Court of Common Pleas of Greene County (trial court) affirming the grant of a special exception by the Franklin Township Zoning Hearing Board (Board), which included a condition that was challenged by ...

Spahn v. Zoning Bd. of Adjustment

1135 Samuel C. Stretton, Esq., Law Offices of Samuel C. Stretton, West Chester, for Gary Spahn, Society Created to Reduce Urban Blight (SCRUB)/MC Tracy/Wynnefield Hghts. Civic Ass'n/Belmont Village Comm. Ass'n, appellants. ... Richard Gerson Feder, Esq., Cheryl ...

Hafner v. ZONING HEARING BD. OF ALLEN TP.

These cross-appeals arise from a decision of the Court of Common Pleas of Northampton County (trial court) that affirmed two decisions of the Allen Township Zoning Hearing Board (ZHB). The proceedings before the ZHB arose from the inquiry of Brian J. Kulp and Melissa J. Kulp ( ...

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Juniata County, PA Land Use & Zoning Lawyers, page 2

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LEGAL TERMS

SERVIENT TENEMENT

SPECIFIC PERFORMANCE

UNJUST ENRICHMENT

YELLOW-DOG CONTRACT

QUITCLAIM DEED

BREACH OF CONTRACT

FORECLOSURE

FAIR HOUSING ACT & FAIR HOUSING AMENDMENTS ACT

RESTRAINT ON ALIENATION

SAMPLE LEGAL CASES

COAL GAS RECOVERY v. Franklin Township Zoning Hearing Board

Spahn v. Zoning Bd. of Adjustment

Hafner v. ZONING HEARING BD. OF ALLEN TP.

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