Also known as: parcels of · parcel · parcels
Written by attorneys · grounded in primary & secondary sources — see below
A distinct tract or portion of land identified for separate ownership, use, or disposition.
Paige Porter owns a large tract that the city zones for residential use only. The ordinance places her entire holding in a single residential district even though the southern half fronts a commercial corridor. She sues, claiming the classification arbitrarily deprives her of beneficial use of that southern portion.
Pioneer Energy holds a security interest in two pieces of equipment and one parcel of real estate owned by Penelope Price. After default, Pioneer sells the equipment at a public auction and the real estate at a private sale on different dates. Both dispositions are conducted separately to maximize recovery.
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Patrick Phan requests rezoning of a single half-acre lot from agricultural to commercial use while surrounding parcels remain agricultural. The city council grants the change without showing any public purpose beyond benefiting Phan. Neighboring owners sue, alleging the amendment is invalid spot zoning.
Piper Patel signs a letter expressing interest in leasing land from Philip Powell. After further talks the parties sign a second document that omits the legal description. The two writings together are offered as a memorandum sufficient to satisfy the statute for the eight-year lease.
Priya Prasad owns Lot A and grants an access easement across it to the owner of Lot B. The easement deed states the right is held only by whoever owns Lot B. When Lot B is sold, the new owner claims the benefit runs with that parcel.
Pulse Media and Peak Performance own a rural tract as tenants in common. Physical division would create two parcels too small to meet current zoning minimums. The court orders sale of the entire tract and division of proceeds rather than partition in kind.
A court may invalidate the classification when the restriction bears no substantial relation to public health, safety, or welfare and arbitrarily deprives the owner of beneficial use of that specific land.
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Yes. UCC § 9-610(b) expressly permits disposition as a unit or in parcels provided every aspect of the disposition is commercially reasonable.
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Spot zoning is invalid when it singles out one parcel for a use inconsistent with the surrounding zone and cannot be justified by a legitimate public purpose.
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Yes. When two or more documents signed by the party to be charged clearly relate to the same transaction, they may be read together even if neither refers to the other.
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A servitude benefit is appurtenant when it is tied to ownership or occupancy of a particular parcel and can be held only by the owner or occupier of that land.
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A court may order sale when physical characteristics or legal constraints such as zoning make a fair and equitable physical division impossible.
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…applies to every defendant, whether the professional criminal or one committing a crime of momentary passion who is not part and parcel of organized crime. It will slow down the investigation and the apprehension of confederates in those cases where time is of the essence, such as kidnapping, see Brinegar v. United States ,…