Unnecessary Hardship - Law Dictionary Search Results
Home Dictionary Name: unnecessary hardshipunnecessary hardship
unnecessary hardship : a deprivation of an owner's right to the beneficial use of property that is caused when a zoning ordinance makes it impossible to receive a reasonable return from the property NOTE: Unnecessary hardship may justify the granting of a variance if the use permitted by the variance will not alter the essential character of the locality. Unnecessary hardship must involve unique characteristics of the property itself, not economic difficulties of the owner. ...
use
use 1 a : an arrangement in which property is granted to another with the trust and confidence that the grantor or another is entitled to the beneficial enjoyment of it see also trust Statute of Uses in the Important Laws section NOTE: Uses originated in early English law and were the origin of the modern trust. Uses became popular in medieval England, where they were often secretly employed as a method of evading laws (as those prohibiting mortmain) and penalties (as attainder) and to defeat creditors. In response, the Statute of Uses was enacted in 1535. The purpose of the Statute was to execute the use, investing the legal ownership of the property in the cestui que use, or one entitled to the beneficial enjoyment, and abolishing the ownership of the grantee. The Statute did not have blanket application, however. Certain uses, particularly those in which the grantee was not merely a passive holder of the property, were not executed under the Statute. These uses were called trust...
variance
variance 1 : a disagreement between two documents or positions ;esp : a disagreement between allegations (as in an indictment or complaint) and proof offered at trial that warrants an appropriate remedy (as a directed verdict or an acquittal) when prejudicial to the substantial rights of the defendant 2 : an authorization to do something contrary to the usual restriction [a granted by a state agency] ;esp : permission for a use of real property that is prohibited by a zoning ordinance see also unnecessary hardship compare spot zoning ...
- << Prev.
- Next >>