The deliberate relinquishing of all rights to a property. Unlike nonuse, abandonment usually involves a person who has no intention of reclaiming their property rights.In abandonment, another person is not given the rights to property.The properties simply left to its fate.
Loss of whole or part of a water right by intent to permanently discontinue use. Period of non-use for ten years raises rebuttable presumption of abandonment. A conditional water right is conclusively presumed to be abandoned, if an application for finding of reasonable diligence is not made within six years of the entry of the conditional decree or the most recent diligence decree. The State Engineer prepares a periodic abandonment list. Water rights are declared abandoned through a water court proceeding.
A parent, caretaker, or legal guardian fails or refuses to physically, emotionally, or financially support his or her child. An abandoned child is one left without provision for reasonable and necessary care or supervision, or whose parent has failed to maintain a reasonable degree of interest, concern or responsibility as to the welfare of the child. See CGS 17a-112 (j)(3)(A) and 45a-717.
When the property placed in your estate during bankruptcy is of little resale value, it can be and usually is released back to the debtor. Abandonment is also likely where your house has an outstanding mortgage equal to or more than the resale price because of a second mortgage or declining house values.
(1) Generally refers to the intentional surrender of a water right by virtue of nonuse. (2) Failure to put a water right to Beneficial Use for generally five or more years, in which the owner of the water right states that the water right will not be used, or takes such actions that would prevent the water from being beneficially used.
If an enforcement agent fails to maintain possession of the goods, they are then 'abandoned'. Failing to remain in possession of the goods, the enforcement agent loses any right to return and remove them. Any abandonment, however urgent and necessary, must be satisfactorily accounted for if the enforcement agent is to retain the rights.
If property is not removed within the specified removal period for the sale or scheduled for removal at a later date with the GL Site Manager, GL will consider the property to be abandoned by the Buyer, and the Buyer shall have abandoned all right, title and interest therein, including entire purchase price.
The express or implied giving up of a legal right. For example, a partner may lose his status as a co-owner by abandoning the partnership through neglect, absence or other conduct. Or, an easement owner may lose his property rights to access by abandoning, or neglecting, the easement for a long period. Or, a tenant may lose possession of his apartment by abandoning, or vacating it. Usually the principle of abandonment requires proof of an intent to abandon in addition to mere absence or nonuse.
Relinquishing one's rights, obligations, or possessions voluntarily, with no intention of subsequently reclaiming them. Abandonment of one's family may be used as grounds for divorce or loss of child custody in most sates.
The most common legal grounds for termination of parental rights, also a form of child abuse in most states. Sporadic visits, a few phone calls, or birthday cards are not sufficient to maintain parental rights. Fathers who manifest indifference toward a pregnant mother are also viewed as abandoning the child when it is born.
The voluntary release of a claim or right one has in a piece of property with the clear intention of terminating possession or interest and without giving this interest to anyone else. Abandonment includes both the intention to release any claim one has against the property as well as the actual act of "abandoning" the property.
When the condition of ownership for a property becomes a burden or is troublesome to the owner, he or she may choose to become a nonpayer and abandon the property. In the event of "abandonment," creditors can seek to recover their money as the property is no longer part of the estate.
A situation in which a homeowner leaves a home without any intention of returning. If there is a mortgage on the property a foreclosure will occur. Many times these are called “key tosses”, where the keys to the house are left inside or mailed to the mortgage lender.
The relinquishment or surrender to the insurer all interest in the thing insured; it is generally accepted that damaged property cannot be abandoned to the insurer. One notable exception to this general rule occurs in ocean marine, where abandonment is merely one step in proving a loss.
Abandonment occurs when a person with a right or interest in a property voluntarily gives up that right or interest, either by physically "abandoning" the property or by showing the intention to give up the right or interest.
Refers to road or street abandonment, an action taken by the Board of Supervisors, usually through the public hearing process, to abolish the public's right-of-passage over a road or road right-of way. Upon abandonment, the right-of-way automatically reverts to the underlying fee owners. If the fee to the owner is unknown, Virginia law presumes that fee to the roadbed rests with the adjacent property owners if there is no evidence to the contrary.
For a damaged property it may not be worthwhile to go in for repairs because the cost of repairers may exceed the value of the property when repaired. The insurer is entitled to take over the interest of the assured in whatever may remain of the subject matter insured and all proprietary rights incidental thereto. In ocean marine insurance, the transfer by the insured to an insurer of all rights, title, and interest in and to the insured property, in return for the sum insured. In property insurance, abandonment is relinquishing ownership of damaged property to an insurer to permit a total loss claim to be made.
Voluntarily giving up all title, rights or claims to property that rightfully belongs to the owner, such as bonds, mutualfunds or stocks held in a brokerage account for which the company is unable to locate the listed owner over a specified time period, usuallyseveral years. Other types of property subject to abandonment include: inventions, leases, patents, contracts, copyrights and trademarks.
A disclaimer of ownership by the trustee or debtor in property deemed burdensome or inconsequential. Once property has been "abandoned," it is no longer the property of the estate, and creditors can seek to recover their money.
Proceeding where a carrier seeks authorization to stop service over all or part of its route/line, or to give up ownership/control of cargo or vessel. Must be approved by the ICC in the case of motor or rail proceedings. Shipper or consignee relinquishes damaged freight carrier or refuses to accept delivery. The act or relinquishing title to damaged or lost property to claim a total loss.
The right a marine assured has to abandon property in order to establish a constructive total loss. An underwriter is not obliged to accept abandonment, but if he does he accepts responsibility for the property and liabilities attaching thereto, in addition to being liable for the full sum insured.
the owner of damaged property may seek to "abandon" his property to the company for the purpose of claiming a total loss. Most property insurance policies contain provisions forbidding abandonment of property to the company altogether or without the company's consent.
To relinquish, either by express abandonment or by inaction, a patent application. A patent application becomes abandoned for failure to file a complete and proper reply as the condition of the application may require within the time period. Abandonment may be either of the invention or of an application. An abandoned application, in accordance with 37 CFR §§ 1.135 and 1.138, is one which is removed from the Office docket of pending applications.
A parent's failure to provide any financial assistance to or communicate with his or her child over a period of time. When this happens, a court may deem the child abandoned by that parent and order that person's parental rights terminated. Abandonment also describes situations in which a child is physically abandoned -- for example, left on a doorstep, delivered to a hospital or put in a trash can. Physically abandoned children are usually placed in orphanages and made available for adoption.
A situation in which the owner of a trademark or service mark does not use the mark for an extended period of time, fails to protest the unauthorized use of the mark by others or lets others use the mark without adequate supervision. If a trademark is abandoned, the owner loses her exclusive rights to the mark.
1. (US bankruptcy based) The voluntary removal by the bankruptcy trustee of a ""burdensome"" asset from the bankruptcy""estate. 2. A lessor's failure to seek return of a leased asset at the end of the lease term, often as planned from the inception of the"lease.
In Marine Cargo and Marine Hull Insurance, 'Abandonment' is a condition precedent to a constructive total loss of the property insured. The insured must inform the insurer of his intention to abandon the property before doing so. But the insurer is under no obligation to accept the abandonment.
A term that applies to property and signifies both a relinquishing of it and the letting go of all legal rights to it, as well, with the intent to claim a total loss. Abandonment of property to an insurance company is something insureds are expressly prohibited from doing in most property polices.
Termination of a sale or interstate transportation of natural gas. Abandonment of a service that is subject to FERC jurisdiction requires some type of advance determination by the FERC under Section 7 (b) of the NGA that the â€œpresent or future public convenience and necessityâ€ requires termination.
permission given to US interstate pipelines by the Federal Energy Regulatory Commission (Ferc) allowing for the discontinuation of sales, storage or transportation service along any portion of the pipeline system. The necessity for Ferc permission derives from section 7 of the Natural Gas Act of 1938. Permission is sought when utility companies want to replace, update or sell their facilities.
In some cases, facilities may be abandoned, such as when pipelines get old and the facilities need upgrading or need to be removed and replaced with a new pipeline. Natural gas pipeline companies must get Commission approval before abandoning facilities or discontinuing services that are subject to FERC jurisdiction.
(1) Turning damaged property over to an insurer and claiming its full value. (2) The elimination of an asset or property from use (3) Investments: The refusal of a shipment, because of damage, by the person who is authorized to ship it.
(of a patent application) â€“ stopping the prosecution process; can be implicit (failure to reply to an office action or pay a prescribed fee within the time period allowed) or explicit (PTO is informed by the applicant or his agent that further prosecution will not be pursued).
An application for trade-mark or copyright registration may be considered abandoned if the applicant does not take steps to complete the process. An application for Industrial design will be considered abandoned if the applicant fails to reply within the specified time to any report that sets out objections to registration.
There are three interpretations of this type of dream. Active, when you abandon someone; passive, when you have been abandoned; and objective, when you see or hear of someone else's abandonment. Active: Dreaming of abandoning evil companions or escaping a nefarious venture predicts an increase in income. If you dream of abandoning a loved one it forecasts trouble of a serious nature. Passive: If you dream of being abandoned by a loved one it anticipates illness in close relatives. Objective: This is a prophecy that you will receive some news that will have a profound influence on your life.
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The term abandonment has a multitude of uses which can generally be broken into legal and extra-legal uses. This "signpost article" provides a guide to the various uses of the word via links to articles that deal with each of the distinct concepts at length.