improvement

An amelioration in the condition of real or personal property effected by the expenditure of labor or money for the purpose of rendering it useful for other purposes than those for which it was

An amelioration in the condition of real or personal property effected by the expenditure of labor or money for the purpose of rendering it useful for other purposes than those for which it was originally used, or more useful for the same purposes. It Includes repairs or addition to buildings,, and the erection of fences, barns, etc.; Appeal of Schenley, 70 Pa. 98; French V. New York, 16 How. Pr. (N. Y.) 220; Wimberly V. Mayberry, 94 Ala. 240, 10 South. 157, 14 L. R. A. 305; Fay v. Fay, 1 Cush. (Mass.) 93; Hartford & N. Y. Steamboat Co. v. City, 78 N. Y. 1; Nicoll v. Burke, id. 581; or a windmill; Phelps & Bigelow Windmill Co. V. Baker, 49 Kan. 434, 30 Pac. 472. As between the rightful owner of lands and an occupant who in good faith has put on improvements, the land with its improvements belongs to the rightful owner of the land, without compensation for the Increased value at common law; Green v. Biddle, 8 Wheat. (U. S.) 1, 5 L. Ed. 547; Mc Coy v. Grandy, 3 Ohio St. 463; Frear v. Ilardenbergh, 5 Johns. (N. Y.) 272, 4 Am. Dec. 356; Albee v. May, 2 Paine 74, Fed. Cas. No. 134; Stewart v. Matheny, 66 Miss. 21, 5 South. 387, 14 Am. St. Rep. 538; Mull v. Graham, 7 Ind. App. 561, 35 N. E. 134; though the rule may be otherwise in equity; 3 Atk. 134; Humphreys v. Holtsinger, 3 Sneed (Tenn.) 228; Nelson v. Allen, 1 Yerg. (Tenn.) 360; Murray v. Gouverneur, 2 Johns. Cas. (N. Y.) 441, 1 Am. Dec. 177; Searl v. School Dist. No. 2, 133 U. S. 553, 10 Sup. Ct. 374, 33 L. Ed. 740; see Case v. Kelly, 133 U. S. 21, 10 Sup. Ct. 216, 33 L. Ed. 513; and by statute in some of the states; Baggot v. Fleming, 10 Cush. (Mass.) 451; ' Withington v. Corey, 2 N. H. 115; Strong v. Hunt, 20 Vt 614; Lamar V. Minter, 13 Ala. 31; Lombard v. Ruggles, 9 Greenl. (Me.) 62; Davis’ Lessee v. Powell, 13 Ohio 308; Bryant v. Hambrick, 9 Ga. 133; Roberts’ Heirs v. Long, 12 B. Monr. (Ky.) 195; Jeweli v. Truhn, 38 Minn. 433, 38 N. W. 106; Van Bibber v. Williamson, 37 Fed. 756; and their value may be offset to an action for mesne profits at common law; Hyltqn v. Brown, 2 Wash. C. 0. 166, Fed. Cas. No. 6,983; Jackson v. Loomis, 4 Cow. (N. Y.) 168, 15 Am. Dec. 347; Dowd V. Faucett, 15 N. C. 95; Bright v. Boyd, 1 Sto. 478, Fed. Cas. No. 1,875. A life tenant Is not entitled to payment for improvements made by him without the consent of the remaindermen; Appeal of Datesman, 127 Pa. 40 Minn. 460, 42 N. W. 852. In determining the right to recover for improvements placed on land, ordinary repairs necessary for the enjoyment of the object sold cannot be classed as Improvements; Mc Kenzie v. Bacon, 41 La. Ann.' 6, 6 South. 640. As to dower in improvements, see Doweb, and as to improvement in Patent Law, see Patent. As to improvements of streets and assessments therefor, see Assessment.

A valuable addition made to property (usually real estate) or an amelioration in its condition, amounting to more than mere repairs or replacement of waste, costing labor or capital, and intended to enhance its value and utility or to adapt it for new or further purposes. Spencer v. Tobey, 22 Barb. (N. Y.) 269; Allen v. McKay, 120 Cal. 332, 52 Pan. 828; Simpson v. Robinson, 37 Ark. 132.

In American land law. An act by which a locator or settler expresses his intention to cultivate or clear certain land; an act expressive of the actual possession of land; as by erecting a cabin, planting a corn-field, deadening trees in a forest; or by merely marking trees, or even by plling up a brush-heap. Burrill. And see In re Leet Tp. Road, 159 Pa. 72, 28 Atl. 238; Bixler v. Baker, 4 Bin. (Pa.) 217. An "improvement," under our land system, does not mean a general enhancement of the value of the tract from the occupant's operations. It has a more limited meaning, which has in view the population of our forests, and the increase of agricultural products. Ali works which are directed to the creation of homes for families, or are substantial steps towards bringing lands into cultivation, have in their results the special character of "improvements," and, under the land laws of the United States and of the several states, are encouraged. Sometimes their minimum extent is defined as requisite to convey rights. In other cases not. But the test which runs through ali the cases is always this: Are they real, and made bona fide, in accordance with the policy of the law, or are they only colorable, and made for the purpose of fraud and speculation? Simpson v. Robinson, 37 Ark. 137. In the law of patents. An addition to, or modification of, a previous Invention or discovery, intended or claimed to Increase its utility or value. See 2 Kent, Comm. 366-372. And see Geiser Mfg. Co. v. Frick Co. (C. C.) 92 Fed. 191; Joliet Mfg. Co. v. Dice, 105 111. 650; Schwarzwaelder v. Detroit (C. C.) 77 Fed. 891; Reese's Appeal, 122 Pa. 392, 15 Atl. 807; Rheem v. Holliday, 16 Pa. 352; Allison Bros. Co. v. Allison, 144 N. Y. 21, 38 N. E. 956.

— Local improvement. By common usage, especially as evidenced by the practice of courts and text-writers, the term "local improvements" is employed as signifying improvements made in a particular locality, by which the real property adjoining or near such locality is specially benefited, such as the improvement of highways, grading, paving, curbing, laying sewers, etc. Illinois Cent. R. Co. v. Decatur, 154 111. 173, 38 N. E. 626; Rogers v. St. Paul, 22 Minn. 507; Crane v. Siloam Springs, 07 Ark. 30, 55 S. W. 955 ; New York In Ins. Co. v. Prest (C. C.) 71 Fed. 816.

A valuable addition made to property (usually real estate) or an umeélioration in its condition, amounting to more than mere repairs or replacement of waste, costing labor or capital, and intended to enhance its value and utility or to adapt it for new or further purposes.

In American land law. Anact by which a locator or settler expresses his intention to eultivate or clear certain land; an act expressive of the actual possession of land; as by erecting a cabin, planting a corn-field, deadening trees in a forest; or by merely marking trees, or even by piling up a brushheap. Burrill. An “improvement, ” underour land system, does not mean a general enhancement of the value of the tract from the occupant’s operations. It hasa more limited meaning, which bas in view the population of our forests, and the increase of agricult ural products. All works which are direcied to the creation of homes for families, or are substantial steps towards briugiug lands into cultivation, have in their results the special character of “improvements,” and, under the land laws of the defined as requisite to convey rights. In other cases not. But the test which runs threugh all the cases is always this: Are they real, and made bond fide, in accordance with the policy of the law, or are they only colorable, and made for the purpose of fraud and speculation? 87 Ark. 137. In the law of patents. An addition to, or modification of, a previous invention or discovery, intended or claimed to increase ita utility or value. See 2 Kent, Comm. 366- 372.

This term is of doubtful meaning. It would seem to apply principally to buildings, though generally it extends to ‘every amelioration of every description of property, whether real or personal; it is generally explained by other words. Where, by the terms of a lease the covenant was to leave at the end of the term a water-mill with all the fixtures, fas. tenings, and tmprovements, during the demise fixed, fastened, or set up on or upon the premises, in good plight and condition, it was held to include a pair of new mill-stones set up by the lessee during the term, although the custom of the country in general authorised the tenant to remove them. 9 Bing. 24; 3 Sim. 450; 2 Ves. & Bea. 349. Vide 8 Yeates, 71; Addis. R. 335.