Also known as:adjoins · adjoined · adjoining · adjacent
Written by attorneys · grounded in primary & secondary sources — see below
To share a common boundary line with another parcel of land.
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
Independent Fence Promise Survives Merger
Adrian Aguilar sold land to Aisha Ahmed. The contract promised that Aguilar would build a fence along the shared boundary after closing. Ahmed accepted the deed without the fence covenant. When Aguilar refused to build, Ahmed sued. The court held the promise independent of the conveyance and enforceable despite merger because the parties intended it to survive.
Warrantless Driveway Search Invalid
Officers entered a driveway immediately next to a home to search a parked car without a warrant. The homeowner moved to suppress evidence. The court ruled the driveway formed part of the curtilage because it adjoined the house, so the automobile exception did not justify the entry.
The Village of Euclid enacted zoning that placed a buffer strip between industrial and residential zones. Ambler Realty owned land that adjoined both zones. The company challenged the ordinance as arbitrary. The Court upheld the classification because the adjoining uses justified the separation to protect residential character.
Village of Euclid Ohio v. Ambler Realty Co.272 U.S. 365, 47 S.Ct. 114, 71 L.Ed 303 (1926)
Landmark Addition Harmonizes With Adjoining Structures
Penn Central proposed an addition to Grand Central Terminal. The Landmarks Commission rejected designs that failed to harmonize with adjoining historic buildings. The Court upheld the denial, noting that the addition would clash with the scale and character of structures that adjoined the terminal.
Penn Central Transportation Co. et al. v. New York City438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978)
Rezoning Denial Based On Adjoining Uses
Arlington Heights denied rezoning for multifamily housing. The proposed site adjoined single-family neighborhoods. Plaintiffs alleged racial discrimination. The Court examined whether the decision was motivated by intent to preserve the character of adjoining residential areas rather than discriminatory purpose.
Arlington Heights, Village of v. Metropolitan Housing Development Corp.429 U.S. 252, 97 S.Ct. 555, 50 L.Ed.2d 450 (1977), on remand 558 F.2d 1283 (7th Cir.1977)
Just Compensation For Adjoining Strip Taken
Chicago took a narrow strip of railroad land for a street. The strip adjoined the railroad's main right-of-way. The railroad claimed the taking destroyed access between its parcels. The Court required compensation measured by the loss in value to the remaining adjoining land.
Chicago, Burlington & Quincy Railroad Co. v. City of Chicago166 U.S. 226, 239, 17 S.Ct. 581, 585, 41 L.Ed. 979 (1897)
Common questions
Frequently Asked
3
When does a promise concerning adjoining land survive merger into the deed?+
A promise survives merger when it is independent of the conveyance and the parties did not intend it to merge. Courts examine the nature of the promise, such as an agreement to build a fence or refrain from certain uses on adjoining land, and the parties' intent.
Supporting sources
Does the automobile exception permit entry onto adjoining curtilage?+
No. The automobile exception does not authorize officers to enter the curtilage of a home, including a driveway that immediately adjoins the house, without a warrant or separate justification.
How does adjoining land use affect zoning validity?+
Zoning classifications may be upheld when they separate incompatible uses on adjoining parcels. Courts consider whether the separation protects the character of adjoining residential or other zones.
Supporting sources
272 U.S. 365, 47 S.Ct. 114, 71 L.Ed 303 (1926)Property
…situated in the westerly end of the village, abutting on Euclid Avenue to the south and the Nickel Plate railroad to the north. Adjoining this tract, both on the east and on the west, there have been laid out restricted residential plats upon which residences have been erected. On November 13, 1922, an ordinance was adopted…