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Simple English definitions for legal terms
abandonment
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A quick definition of abandonment:
Abandonment is when someone leaves something or someone without permission or a good reason. This can happen in different areas of the law, like when a husband or wife leaves their spouse without wanting to come back, or when someone stops taking care of their property and gives up their rights to it. In court cases, abandonment can also mean that someone hasn't done anything to move their case forward for a certain amount of time, and it can be dismissed. When something is abandoned, someone else might be able to take it or use it instead.A more thorough explanation:
Abandonment is a legal term that can apply to different areas of law, such as matrimonial law, civil procedure, and property law. It generally refers to the voluntary and intentional giving up of a right or relationship without justification or consent.
In matrimonial law, abandonment occurs when one spouse ends the cohabitation without justification, consent, or intention of renewing the marital relationship. This can happen when one spouse simply leaves the marital home without agreement or forces the other spouse to leave. Abandonment can have implications for trust and estates, as a spouse who abandoned the decedent may not be entitled to an intestate share of the decedent's estate. However, if the separation is mutual, there is no abandonment.
In civil procedure, abandonment refers to cases that are not actively being litigated. If a plaintiff does not take any steps towards their lawsuit within a statutory period, the case may be dismissed on the basis of abandonment. The policy behind this doctrine is to balance the rights of litigants to the courts and speedy resolution of litigation. For example, in Louisiana, the statutory period for abandoned cases is three years, while in New York, it is one year.
In property law, abandonment refers to the voluntary and intentional discarding of a known right. Abandonment can be a defense to conversion, which is the wrongful taking of another's property. For example, if someone finds a bicycle on the street and takes it home, they may be liable for conversion if the owner can prove that they did not intend to abandon the bicycle. However, if the bicycle was left on the street with a sign that says "free," it may be considered abandoned, and the finder may have the right to possess it.
It should be noted that title to real estate, or a fee simple, cannot be lost by abandonment. Also, abandonment of an easement can be found where nonuse of the easement is accompanied by acts that manifest an intention to abandon, such as ceasing to operate a railroad on the easement.