Occupying Claimant (Betterment) Acts – statutes which provide a recovery by an occupying claimant, since dispossessed by the true owner, for improvements made while occupying the premises in the belief that he had good title

     This page is continued from Property >>>> Tenancy>>>> Possession >>>> Adverse Possession >>>> occupying claimant:

*************************

betterment act:
(1819)

1. A statute requiring a landowner to compensate an occupant who improves the land under a mistaken belief that the occupant is the real owner.  *  The compensation usually equals the increase in the land’s value generated by the improvements. — aka occupying-claimant act; occupant-statute. [1]

1. See Occupying Claimant Acts. [2]

1. Statutes that obligate a landlord to compensate a former tenant for improvements the tenant made to real property, if the tenant acted in the belief that she had title to the property.  Such statutes are formally referred to as occupying claimant acts. [3]

Occupying Claimant’s Acts:

1. Statutes which provide a recovery by an occupying claimant, since dispossessed by the true owner, for improvements made by him while he was in actual occupancy of the premises in the belief that he had good title. 27 Am J1st Improve § 1. [2]

improvement (betterment) – an addition to property (usually real estate), whether permanent or not, that increases its value and goes beyond repair or restoration.

References:

Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

************************

Back to Adverse Possession

Back to Possession

Back to Tenancy

Back to  Property

Home Page

Like this website?

Please Support Our Fundraiser

or donate via PayPal:

  • please set some widgets to show from Appearance -> Widgets.

 

Disclaimer: Wild Willpower does not condone the actions of Maximilian Robespierre, however the above quote is excellent!

This website is being broadcast for First Amendment purposes courtesy of

Question(s)?  Suggestion(s)?
[email protected].
We look forward to hearing from you!