Abutter
Encyclopedia
An abutter is a person whose property is adjacent to the property of another.
In land use
regulations, concerns of an abutter may be given special attention, being the one most likely to suffer specific harm from a hasty, uninformed decision. For example, a developer requesting a subdivision
may be required to notify (or pay to notify) all abutters of the proposal and invite them to a public hearing. Regulations may also provide an abutter with the right to be heard at the hearing, unlike others who must request permission to be heard, at the discretion of the board.
In the spirit of land use politics, even the unified voices of the concerned abutters may sound only faintly against the machinery of "progress" or well-funded special interests. However, the courts will objectively consider a proper case brought by an abutter whose rights have been arguably under-appreciated. Generally, the more abutters interested in a project, the more likely someone will object to it.
Some regulations otherwise expand or limit the participation of local owners, as where notice may be required for "anyone whose property is within 200 feet of any point of the parcel under consideration." Another expansive definition would include those whose properties are across a public way or flowing waterway, where the parcels do not actually touch. Contrarily, regulations may define "abutter" to include only those people who hold record title to an adjacent parcel, thus undermining the rights of tenants, associations and partial owners (e.g., mineral rights and easement owners) to be notified, let alone heard on a proposal. This would also eliminate participation of owners of unrecorded title, such as adverse possession
or those who have simply failed to record a deed
or settle an estate
involving the adjacent property.
In land use
Land use
Land use is the human use of land. Land use involves the management and modification of natural environment or wilderness into built environment such as fields, pastures, and settlements. It has also been defined as "the arrangements, activities and inputs people undertake in a certain land cover...
regulations, concerns of an abutter may be given special attention, being the one most likely to suffer specific harm from a hasty, uninformed decision. For example, a developer requesting a subdivision
Subdivision (land)
Subdivision is the act of dividing land into pieces that are easier to sell or otherwise develop, usually via a plat. The former single piece as a whole is then known in the United States as a subdivision...
may be required to notify (or pay to notify) all abutters of the proposal and invite them to a public hearing. Regulations may also provide an abutter with the right to be heard at the hearing, unlike others who must request permission to be heard, at the discretion of the board.
In the spirit of land use politics, even the unified voices of the concerned abutters may sound only faintly against the machinery of "progress" or well-funded special interests. However, the courts will objectively consider a proper case brought by an abutter whose rights have been arguably under-appreciated. Generally, the more abutters interested in a project, the more likely someone will object to it.
Some regulations otherwise expand or limit the participation of local owners, as where notice may be required for "anyone whose property is within 200 feet of any point of the parcel under consideration." Another expansive definition would include those whose properties are across a public way or flowing waterway, where the parcels do not actually touch. Contrarily, regulations may define "abutter" to include only those people who hold record title to an adjacent parcel, thus undermining the rights of tenants, associations and partial owners (e.g., mineral rights and easement owners) to be notified, let alone heard on a proposal. This would also eliminate participation of owners of unrecorded title, such as adverse possession
Adverse possession
Adverse possession is a process by which premises can change ownership. It is a common law concept concerning the title to real property . By adverse possession, title to another's real property can be acquired without compensation, by holding the property in a manner that conflicts with the true...
or those who have simply failed to record a deed
Deed
A deed is any legal instrument in writing which passes, or affirms or confirms something which passes, an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions sealed...
or settle an estate
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
involving the adjacent property.