Also known as: parcels · tract
Written by attorneys · grounded in primary & secondary sources — see below
A tract of land, especially a continuous plot held in one possession with no intervening land of another separating any part from the rest.
Preston Pratt owns a single tract zoned residential. He petitions the city council to rezone his land for a factory. The council amends the map after proper notice and hearings, finding the change advances public welfare by creating jobs near existing infrastructure.
Parker Phillips grants an access easement over his lakeside tract to Pierre Poulin. The deed states the right benefits only the neighboring tract Poulin owns across the road. Poulin cannot sell the easement apart from that neighboring tract.
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Pinnacle Holdings seeks a zoning change allowing commercial use on one tract surrounded by residential zones. The city approves the amendment despite the comprehensive plan calling for residential development. Neighboring owners sue, claiming the change favors one owner without public benefit.
Pierce Patterson grants a power-line easement to a utility company across his rural tract. The deed makes the benefit run to the company itself rather than any particular neighboring land the company owns. The company may later assign the easement to another utility.
Pavel Petrov sues in federal court over title to a disputed tract. The court considers whether to follow state procedural rules on jury trials for property claims because those rules could determine the outcome of ownership rights.
Ambler Realty holds a large vacant tract suited for factories. The village ordinance restricts the land to residential uses, cutting its value sharply. The owner challenges the ordinance as confiscatory of the tract's development potential.
A parcel is treated as a distinct tract whose rezoning must serve a public purpose rather than merely benefit its owner. When a change singles out one tract for inconsistent use, courts examine whether the amendment advances health, safety, or welfare under the comprehensive plan.
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A servitude is appurtenant when its enjoyment or obligation is tied to ownership or occupancy of a particular tract. The benefit or burden then runs with that tract rather than existing independently.
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An in-gross servitude exists when the benefit or burden is not linked to ownership of any specific tract. The right or duty stands alone and is not automatically transferred with land.
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Yes. Courts may weigh whether state rules governing land claims substantially affect the outcome of federal litigation involving ownership of a tract, prompting application of those rules to ensure consistent results.
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A parcel's market value and permitted uses are measured against the ordinance's restrictions. Severe diminution in value from residential limits on an industrially suited tract may support a takings claim.
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…applies to every defendant, whether the professional criminal or one committing a crime of momentary passion who is not part and parcel of organized crime. It will slow down the investigation and the apprehension of confederates in those cases where time is of the essence, such as kidnapping, see Brinegar v. United…