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In 1922, the Supreme Court held in Pennsylvania Coal Co. v. Mahon that governmental regulations that went "too far" were a taking. Justice Oliver Wendell Holmes, writing for the majority of the court, stated that "[t]he general rule at least is that while property may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking."
A unit of real estate or immovable property is limited by a legal boundary (sometimes also referred to as a property line, lot line or bounds). The boundary (in Latin: limes ) may appear as a discontinuation in the terrain: a ditch, a bank, a hedge, a wall, or similar, but essentially, a legal boundary is a conceptual entity, a social construct ...
The Law of Eminent Domain; A Treatise on the Principles which Affect the Taking of Property for the Public Use. Vol. I. Albany, New York: Matthew Bender & Company. OCLC 43697002 – via Internet Archive. Nichols, Philip (1917). The Law of Eminent Domain; A Treatise on the Principles which Affect the Taking of Property for the Public Use. Vol. II.
An easement owner, as the owner of incorporeal property, can take legal action regarding their property in their own name, whereas a licence holder has no standing of their own to take legal action regarding the property against any other party (other than the landowner) and must have the landowner take action or take action in the landowner's ...
A typical description for a small parcel of land would be: "Commencing at a corner at the intersection of two stone walls near an apple tree on the north side of Muddy Creek road one mile above the junction of Muddy and Indian Creeks, thence north for 150 rods to the end of the stone wall bordering the road, thence northwest along a line to a large standing rock on the corner of the property ...
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For example, in Tennessee law, tax map boundaries can become property boundaries (notwithstanding a survey and deed to the contrary) merely by paying the taxes on the land for twenty years in the belief that it was part of the ownership, even if it encompasses adjacent gaps and gores. See adverse possession.
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