Also known as:permitted uses · allowed use · permissible use
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
in property law
A use of leased property or a servient estate that the tenant or servitude holder is authorized to make under the governing lease or servitude instrument. The landlord or servient owner breaches an obligation by interfering with such a use during the period the tenant or holder is entitled to possession. The tenant or holder may then terminate the lease or obtain equitable and legal relief if the interference continues after proper notice.
Sense 1
1
in property law
A use of leased property or a servient estate that the tenant or servitude holder is authorized to make under the governing lease or servitude instrument. The landlord or servient owner breaches an obligation by interfering with such a use during the period the tenant or holder is entitled to possession. The tenant or holder may then terminate the lease or obtain equitable and legal relief if the interference continues after proper notice.
Sources & Authorities· 2 sources
Select any source to read its text and confirm it supports the definition.
Restatements
Sense 2
2
in evidence law
A courtroom use of an illustrative aid that assists the trier of fact in understanding evidence or argument. The court may allow the aid when its utility for comprehension is not substantially outweighed by dangers of unfair prejudice, confusion, misleading the jury, undue delay, or wasted time.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
Federal Rules
Put it into practice
Test Yourself
10
Practice Questions5
2
in evidence law
A courtroom use of an illustrative aid that assists the trier of fact in understanding evidence or argument. The court may allow the aid when its utility for comprehension is not substantially outweighed by dangers of unfair prejudice, confusion, misleading the jury, undue delay, or wasted time.
Each sense below has its own examples, sources, and questions.
Examples1
Landlord Blocks Loading Access
Urban Dispatch leased the rear parcel of a freight terminal from Central Shipping. The lease was silent on access, but Central Shipping had assured Urban Dispatch that trucks could continue using the front apron for staging and loading. After taking possession, Central Shipping erected a barrier across the apron. Urban Dispatch sued for interference with its access rights. Because the apron route constituted a permitted use under the lease, Central Shipping's barrier breached its obligations and exposed it to damages or lease termination remedies.
Frequently Asked2
What remedies are available when a landlord interferes with a tenant's permitted use?+
If the interference does not cease after proper notice, the tenant may terminate the lease and recover damages or continue the lease and seek equitable and legal relief, including injunctive relief and damages.
Supporting sources
Can a servitude declaration validly change permitted uses on lots within a common-interest community?+
Yes. A declaration may authorize amendment of permitted uses by a specified supermajority vote, such as two-thirds of lot owners, and such an amendment is generally valid absent other facts showing unfairness or violation of protected interests.
Supporting sources
Examples1
Chart Aids Jury Understanding
In a complex contract dispute, Phoenix Technologies offered a timeline chart summarizing email exchanges and payment records. The opposing party objected that the chart might mislead the jury. The court reviewed the chart's accuracy and determined that its utility in clarifying the sequence of events was not substantially outweighed by risks of prejudice or confusion. The court therefore permitted the chart as an illustrative aid during opening statements and witness examinations.
Frequently Asked1
How does a court decide whether to allow an illustrative aid under the permitted-use standard?+
The court weighs the aid's usefulness in helping the trier of fact understand the evidence or argument against the dangers of unfair prejudice, confusion of issues, misleading the jury, undue delay, or wasting time. If utility is not substantially outweighed by those risks, the aid is permitted.
Supporting sources
Constitutional LawIndividual rights · TakingsNEXTGENFoundational