Alterations/Corrigenda
Real Estate Encyclopedia | Property Law Dictionary | Real Estate Terms | Meanings & Definitions |      Oct 19, 2017

Alterations/Corrigenda   |    New Terms   

ALTERATIONS/CORRIGENDA to SECOND EDITION
(note: this will be replaced by references to the Third Edition in 2013)


Page column Existing entry Revised entry
xix   (NZ) terms that are used wholly or predominately in Irish land law (Irl) terms that are used wholly or predominately in Irish land law
1 1st ab intestatio(Lat)
‘From an intestate’. See intestacy
ab intestato(Lat)
‘From an intestate’.  See intestacy
78 2nd In the context of a lease, an assignment may refer to the transfer of the term, as held by the lessee, or the reversion, as held by the landlord. Usually it refers to the latter. In the context of a lease, an assignment may refer to the transfer of the term, as held by the lessee, or the reversion, as held by the landlord. Usually it refers to the former


467 2nd floor area ratio (FAR); floor area index(US)
For example, a site may be acquired for $400 per FAR, i.e. a site with consent for the construction of 100,000 sq. ft. would cost $4 million.
floor area ratio (FAR); floor area index(US)
For example, a site may be acquired for $40 per FAR, i.e. a site with consent for the construction of 100,000 sq. ft. would cost $4 million.


721 2nd An equitable mortgage can be created as (i) an ‘informal mortgage’, as when the parties enter into an agreement, monies are advanced, but the legal mortgage is not formalised, for example, by deed; or (ii) by a deposit of title deeds (or even an intention to deposit the deeds), accompanied by an agreement (express or implied) as to the loan terms (Russel v Russel (1783) 1 Bro CC 269, 28 Eng Rep 1121; Law of Property Act 1925, s. 13).; (iii) or as an equitable charge.


An equitable mortgage can be created (i) an ‘informal mortgage’, as when the parties enter into an agreement, monies are advanced, but the legal mortgage is not formalised, for example, by deed; or (ii) as an equitable charge . Prior to 1989, an equitable mortgage could be created by a deposit of title deeds (or even an intention to deposit the deeds), accompanied by an agreement (express or implied) as to the loan terms (Russel v Russel(1783) 1 Bro CC 269, 28 Eng Rep 1121; Law of Property Act 1925, s. 13). However, since 1989, a contract for the mortgage or charge of any interest in land must be made in writing and signed by both parties incorporating all the terms of the agreement (Law of Property (Miscellaneous Provisions) Act 1989, s. 2
1137 1st taken for public use(US)
A term derived from the Fifth Amendment to the Constitution, which states that no private property shall be "taken for public use, without just compensation". In this context, the word 'taken' has been held to mean the deprivation of the rights of a former owner, rather than the accretion of a right or interest to the sovereign. 'Taking' may be the actual removal of the right to property, or a significant removal, destruction or limitation of the right to use private property. "Government action short of acquisition of title or occupancy has been held, if its effects are so complete as to deprive the owner of all or most of his interest in the subject matter, to amount to a taking." United States v. General Motors Corp., 323 US 373, 65 S Ct 357, 89 L Ed 311, 318, 156 ALR 390 (1945). A permanent physical occupation of private property, that is authorized by a government or municipal authority, may also constitute a taking for which just compensation is payable (Loretto v. Teleprompter Manhattan CATV Corp., 458 US 419, 102 S Ct 3164, 73 L Ed.2d 868 (1982)).

taken for public use(US)
A term derived from the Fifth Amendment to the Constitution, which states that no private property shall be "taken for public use, without just compensation". A provision made applicable to the States through the Fourteenth Amendment (Chicago, Burlington, and Quincy R.R. Co. v. Chicago, 166 US 226, 17 S Ct 581, 41 L Ed 979 (1897)). In this context, the word 'taken' has been held to mean the deprivation of the rights of a former owner, rather than the accretion of a right or interest to the sovereign. 'Taking' may be the actual removal of the right to property, or a significant removal, destruction or limitation of the right to use private property, as with the requirement that a private lagoon be made available to the general public (Kaiser v. United States, 444 US 164, 175, 100 S Ct 383, 390, 62 L Ed.2d 332 (1979)). "Government action short of acquisition of title or occupancy has been held, if its effects are so complete as to deprive the owner of all or most of his interest in the subject matter, to amount to a taking." United States v. General Motors Corp., 323 US 373, 65 S Ct 357, 89 L Ed 311, 318, 156 ALR 390 (1945) (Lingle, Governor of Hawaii v. Chevron U.S.A. Inc., 363 F.3d 846 (2005)). A permanent physical occupation of private property, that is authorized by a government or municipal authority, may also constitute a taking for which just compensation is payable (Loretto v. Teleprompter Manhattan CATV Corp., 458 US 419, 102 S Ct 3164, 73 L Ed.2d 868 (1982)). However, the normal exercise of police power does not amount to a 'taking'; but is merely an acceptable form of government 'regulation'.

L.A. Malone. Environmental Regulation of Land Use, (©1990, Loose-leaf with updating service), Ch. 14 ‘Development Rights and the Taking Clause’.

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