Abandoned house

In law, abandonment is the relinquishment, giving up or renunciation of an interest, claim, civil proceedings, appeal, privilege, possession, or right, especially with the intent of never again resuming or reasserting it. Such intentional action may take the form of a discontinuance or a waiver. This broad meaning has a number of applications in different branches of law. In common law jurisdictions, both common law abandonment and statutory abandonment of property may be recognized. In law, abandonment is the relinquishment, giving up or renunciation of an interest, claim, civil proceedings, appeal, privilege, possession, or right, especially with the intent of never again resuming or reasserting it. Such intentional action may take the form of a discontinuance or a waiver. This broad meaning has a number of applications in different branches of law. In common law jurisdictions, both common law abandonment and statutory abandonment of property may be recognized. Common law abandonment is 'the relinquishment of a right by the owner thereof without any regard to future possession by himself or any other person, and with the intention to foresake or desert the right....' or 'the voluntary relinquishment of a thing by its owner with the intention of terminating his ownership, and without vesting ownership in any other person; the giving up of a thing absolutely, without reference to any particular person or purpose....' By contrast, an example of statutory abandonment (albeit in a common law jurisdiction) is the abandonment by a bankruptcy trustee under 11 U.S.C. § 554. In Scots law, failure to assert a legal right in a way that implies abandonment of that property is called 'taciturnity', while the term 'abandonment' in Scots law refers specifically to a procedure by which a party gives up civil proceedings or an appeal. Intentional abandonment is also referred to as dereliction, and something voluntarily abandoned by its owner with the intention of not retaking it is a derelict. Someone that holds the property or to whom property rights have been relinquished is an abandonee. An item that has been abandoned is termed an abandum. A res nullius abandoned by its owner, leaving it vacant, belongs to no one. The relinquishment by a nonuser, for a specified period, of some accommodation or right in another's land, such as right-of-way or free access of light and air. Occurs when one ceases to reside permanently in a former domicile, coupled with the intention of choosing a new domicile. The presumptions which will guide the court in deciding whether a former domicile has been abandoned or not must be inferred from the facts of each case. In the United States, a tenant is generally understood to have abandoned a property if he or she has fallen behind in rent and shown a lack of interest in continuing to live there. The landlord must then send notice of the intent to seize the property and wait a certain number of days to take action on it. How long the landlord has to wait depends on the value of the property. The landlord can keep the money up to the costs incurred as a result of the abandonment; the rest must be set aside for the former tenant, should she or he eventually return. Abandonment occurs when the insured surrenders to the insurer all rights to damaged or lost property and claims payment for a total loss. Sometimes, this is permitted only when damage constitutes constructive total loss. In marine insurance parlance, abandonment involves the surrender of a ship or goods to the insurer, who becomes the abandonee. Abandonment can also mean refusal to accept from a delivering carrier a shipment so damaged in transit as to be worthless. Abandonment is recognized as the explicit release of material by a copyright holder into the public domain. However, statutory abandonment is legally a tricky issue which has little relevant case precedent to establish how an artist can abandon their copyright during their lifetime. The more common approach is to license work under a scheme that provides for public use rather than strictly abandoning copyright. Copyright protection attaches to a work as soon as it is fixed in a tangible medium, whether the copyright holder desires this protection or not. Before the Copyright Act of 1976 an artist could abandon or forfeit their copyright by neglecting to comply with the relevant formalities. Difficulty arises when one tries to apply the doctrine of abandonment to present-day concerns regarding the abandonment or gifting of a digitized work to the public domain. The abandonment of a work is difficult to prove in court, though Learned Hand proposed a test which parallels other forms of abandonment law wherein an author or copyright holder could abandon their work if they intend to abandon it and commit an overt act to make public that intention.