{"id":16203,"date":"2018-05-21T22:37:40","date_gmt":"2018-05-21T22:37:40","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=16203"},"modified":"2018-05-22T19:23:49","modified_gmt":"2018-05-22T19:23:49","slug":"improvement-betterment","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=16203","title":{"rendered":"improvement (betterment) – an addition to property (usually real estate), whether permanent or not, that increases its value and goes beyond repair or restoration"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Property<\/a> >>>> Tenancy<\/a>>>>> Possession<\/a>\u00a0>>>> Adverse Possession<\/a>\u00a0>>>> Occupying Claimant (Betterment) Acts<\/a> >>>>\u00a0Occupying Claimant<\/a><\/span>:<\/strong><\/span><\/p>\n

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improvement<\/span>:<\/span><\/strong>
\n(16c)<\/span><\/p>\n

1. An addition to property, usually real estate, whether permanent or not; especially, one that increases its value or utility or that enhances its appearance.\u00a0<\/strong>\u2014 aka\u00a0land improvement<\/strong><\/span>.\u00a0<\/em> Cf. FIXTURE; MAINTENANCE (4). [1]<\/span><\/p>\n

1. A change for the better. \u00a0Anything that enhances the value of real property permanently for general uses, including buildings, fixtures, fences, wells, orchards, etc.,\u00a0including additions to existing buildings. 27 Am J1st Improv\u00a0\u00a7 2<\/span>; 36 Am J1st Mech L\u00a0\u00a7 43<\/span>.<\/span><\/strong><\/p>\n

Original construction or substantial reconstruction as distinguished from repair. Hazard v Main Street Realty Co<\/em> (Ky) 262 SW2d 87, 41 ALR2d 609<\/span> (statutory definition for purposes or special assessment).<\/span><\/strong><\/p>\n

Although there is some authority tot he contrary, it has been held in a few instances that labor performed in clearing, grading,\u00a0<\/span>landscaping<\/span>, and the like, did not come\u00a0<\/span>within<\/span>\u00a0the\u00a0meaning of the words “improvement”\u00a0under\u00a0<\/span>mechanic’s<\/span>\u00a0lien statutes covering erection, construction, alteration,\u00a0repair, or other improvements with regard to buildings, structures, and appurtenances. <\/span><\/span>Anno: 39 ALR2d 870<\/span>.<\/span><\/span><\/strong><\/p>\n

An “<\/span>improvement<\/span>” contemplated by a provision in a lease for its cancellation in case the lessor “desires” to improve the premises has been held to be\u00a0<\/span>something<\/span>\u00a0substantial in\u00a0character, as distinguished from that which is petty or minute; and it must be permanent in its use and value, as\u00a0<\/span>distinguished<\/span>\u00a0from that which is ephemeral or subject to\u00a0easy and frequent change. <\/span><\/span>32 Am J1st L & T\u00a0\u00a7 835<\/span>.\u00a0<\/span><\/span><\/strong>[2]<\/span><\/p>\n

1. Anything that enhances the value fo real property permanently. \u00a0EXAMPLE: buildings; fences; landscaping; a swimming pool.<\/span><\/strong>
\n\u00a0 \u00a0 \u00a0Compare repair<\/em>.<\/span><\/p>\n

2. A change for the better.<\/strong> [3]<\/span><\/p>\n