Written by attorneys · grounded in primary & secondary sources — see below
Lying near or close to, but not necessarily touching.
Sources & Authorities· 10 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
How it applies
Common Examples
6
Merger Survival of Fence Promise
Aaron Adams sold his parcel to Amber Alonzo under a contract that required him to build a boundary fence. After closing, Amber discovered the deed omitted the fence obligation. Because the promise concerned use of adjacent land and was independent of the conveyance itself, the court held the obligation survived merger and remained enforceable.
Warrantless Driveway Entry
Officers arrived at Antonio Alvarado's home to arrest a suspect. They drove onto the paved driveway immediately adjacent to the front door and searched a parked car without a warrant. The court suppressed the evidence because the driveway formed part of the curtilage and required separate justification for entry.
Adrian Aguilar lived on property bordering a proposed federal dam site. He sued to compel an environmental impact statement. The court recognized his standing because his residence lay adjacent to the construction area, giving him a concrete interest in the procedural right.
Lujan v. Defenders of Wildlife504 U.S. 555 (1992)
Transfer of Development Rights
Atlas Ventures owned a landmark building subject to strict preservation rules. The city permitted the company to sell unused development rights to owners of adjacent parcels. The arrangement allowed Atlas to realize value while protecting the historic structure.
Penn Central Transportation Co. et al. v. New York City438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978)
Zoning of Adjoining Tract
Adam Anderson purchased a tract next to a residential neighborhood. The village enacted an ordinance restricting industrial uses on land adjacent to homes. The court upheld the restriction as a valid exercise of police power over nearby properties.
Village of Euclid Ohio v. Ambler Realty Co.272 U.S. 365, 47 S.Ct. 114, 71 L.Ed 303 (1926)
Fleeing Suspect Over Fence
Andre Antoine fled after a burglary and scaled a chain-link fence at the edge of a yard. An officer standing in the adjacent property used a flashlight to identify him. The court analyzed whether the observation from the neighboring land violated any protected interest.
Tennessee v. Garner471 U.S. 1, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985)
Common questions
Frequently Asked
3
Does adjacent require the properties to share a common boundary?+
No. Adjacent means lying near or close to, but not necessarily touching. Two parcels separated by a narrow strip or road can still be adjacent.
Supporting sources
How does adjacency affect survival of promises after merger in property sales?+
A promise to refrain from certain uses of adjacent land may survive merger into the deed when the court finds the promise was independent of the conveyance and reflected the parties' intent.
When does a driveway count as adjacent curtilage for Fourth Amendment purposes?+
A driveway immediately adjacent to the house forms part of the curtilage. Officers generally need a warrant or separate justification to enter it to search a vehicle.
438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978)Property
…ante , at 113-114, the property owner may theoretically “transfer” his previous right to develop the landmark property to adjacent properties if they are under his control. Appellees have coined this system “Transfer Development Rights,” or TDR’s. Of all the terms used in the Taking Clause, “just compensation” has the…
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