Also known as: ties · tied · tying · tie vote · deadlock
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A connection that links a servitude benefit or burden to ownership or occupancy of a specific parcel of land. An appurtenant benefit may be enjoyed only by the owner or occupier of that parcel. An appurtenant burden obligates the owner or occupier in that capacity.
A connection that links a servitude benefit or burden to ownership or occupancy of a specific parcel of land. An appurtenant benefit may be enjoyed only by the owner or occupier of that parcel. An appurtenant burden obligates the owner or occupier in that capacity.
Select any source to read its text and confirm it supports the definition.
A causal link between an original defamatory statement and special harm resulting from its repetition by a third person. The link exists when the third person was privileged to repeat the statement or when repetition was authorized, intended, or reasonably expected.
Select any source to read its text and confirm it supports the definition.
A causal link between an original defamatory statement and special harm resulting from its repetition by a third person. The link exists when the third person was privileged to repeat the statement or when repetition was authorized, intended, or reasonably expected.
Each sense below has its own examples, sources, and questions.
Thaddeus Tran owns Lot A and grants an easement across it to Tyrone Tran, owner of Lot B, for access to a public road. When Tyrone sells Lot B to a new buyer, the buyer may still use the easement because the right remains tied to ownership of Lot B. The new owner of Lot A cannot block access without breaching the appurtenant burden.
Tiffany Torres buys a parcel subject to a covenant requiring maintenance of a shared driveway. When she sells the parcel to Tyler Taylor, the covenant remains tied to the land. Tyler must continue the maintenance because the burden passes automatically with ownership of the parcel.
True North Logistics owns an apartment building subject to a local ordinance limiting occupancy to nuclear families. A tenant seeks to house an extended relative, arguing the restriction improperly severs normal kinship ties. The court examines whether the ordinance validly burdens the land in the owner's capacity as owner.
Trailblazer Airlines develops an industrial park and imposes a servitude requiring future owners to pay fees for sewer service provided by a utility company. When Threshold Capital buys a parcel in the park, the obligation to pay remains tied to ownership of that parcel. The new owner must pay the fees as long as the service continues to meet the property's needs.
An appurtenant servitude ties the benefit or burden to ownership or occupancy of a particular parcel. A servitude in gross is not tied to any specific land ownership.
Supporting sources
Courts have mixed reactions to tying arrangements that require purchase of a second product as a condition of the first. Enforcement often depends on whether the tied service continues to meet the property's needs.
Supporting sources
Theodore Tucker tells several colleagues that Tabitha Taylor stole company funds. One colleague repeats the statement to Taylor's supervisor, who then fires her. Taylor proves the repetition was reasonably expected because Tucker spoke in a workplace setting where the information would naturally circulate, establishing the required causal tie for liability.
Tidal Energy's warehouse is searched by state officers accompanied by a federal agent. The company argues the federal agent's participation creates a constitutional tie that subjects the entire search to federal standards. The court must decide whether the connection between the federal agent and the state search triggers independent federal scrutiny.
Repetition creates liability when the third person was privileged to repeat the statement or when the repetition was authorized, intended by the original speaker, or reasonably expected under the circumstances.
Supporting sources
…on his travels through the United States almost two centuries ago: “There is certainly no country in the world where the tie of marriage is so much respected as in America . . . [W]hen the American retires from the turmoil of public life to the bosom of his family, he finds in it the image of order and of peace .…