Written by attorneys · grounded in primary & secondary sources — see below
The right to possess, use, and enjoy a determinate thing. The term also denotes any external thing over which those rights are exercised.
Sources & Authorities· 40 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
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How it applies
Common Examples
6
Buyer Bears Loss After Contract
Pamela Phillips signed a binding contract to purchase land from Phoebe Park. Before closing a fire destroyed the house on the parcel. Pamela must still pay the full purchase price because equity treats her as owner once the contract formed.
State Seeks To Take Land
Premier Manufacturing owned a factory site that the state wanted for a highway. The state initiated condemnation proceedings. Premier is entitled to just compensation before being deprived of the land.
Lawyer Holds Client Funds
Prism Analytics retained Paige Porter as counsel in a commercial dispute. Paige received settlement proceeds belonging to the client. She deposited the money into a separate trust account rather than her operating account.
Landlord Must Deliver Habitable Unit
Patrick Phan leased an apartment from Platinum Partners for residential use. On the move-in date the unit lacked working plumbing and heat. Patrick may refuse possession and terminate the lease because the premises were unsuitable for living.
Neighbor Complains Of Nuisance
Pulse Media operated a facility that emitted strong odors affecting nearby homes. Phuong Pham, a resident next door, proved the odors caused significant interference with ordinary use of her property. She recovered damages for the harm to her land.
Out-Of-State Owner Sued Over Land
Pablo Perez owned vacant land in the forum state but lived elsewhere. A plaintiff sued him over an unrelated contract claim and attached the land to obtain jurisdiction. The attachment alone did not satisfy minimum contacts for personal jurisdiction.
Common questions
Frequently Asked
6
Does the risk of loss pass to the buyer upon contract formation under equitable conversion?+
Yes. Once a binding contract for the sale of land is formed, equity treats the buyer as owner of the land, so the risk of loss from destruction before closing passes to the buyer in most jurisdictions.
Supporting sources
What does the Fifth Amendment require before the government may take private property?+
The government may not deprive any person of property without due process of law and may not take private property for public use without just compensation.
How must a lawyer handle client funds or property received during representation?+
A lawyer must hold client or third-party property separate from the lawyer's own property, keep funds in a separate trust account, identify and safeguard other property, and maintain complete records.
Supporting sources
When does a landlord breach obligations regarding residential leased property?+
A landlord breaches if the leased property is not suitable for residential use on the date the lease is made and continuously thereafter until the tenant is entitled to possession, without fault of the tenant.
Supporting sources
Who may recover for a private nuisance affecting land?+
Only those to whom the nuisance causes significant harm of a kind that would be suffered by a normal person in the community or by property in normal condition and used for a normal purpose.
Supporting sources
Does the presence of a defendant's property in the forum support personal jurisdiction over an unrelated claim?+
No. The minimum contacts standard applies to all exercises of state-court jurisdiction, including quasi in rem actions. Mere presence of property unrelated to the dispute does not establish sufficient contacts.
Supporting sources
, without due process of law, or deny to any person within its jurisdiction the equal protection of the laws. What is this but declaring that the law in the States shall be the same for the…
, Inc., under which UGP was to construct a multistory office building cantilevered above the terminal. The proposed building would have been 55 stories high and would have occupied the air…
without due process of law. 299 N. Y. 697 , 87 N. E. 2d 73 . The case is here on appeal under 28 U. S. C. § 1257. Common trust fund legislation is addressed to a problem appropriate for…
Family LawSeparation, divorce, dissolution, and annulment · Jurisdiction and recognition of decreesUBEFoundational