Legal Definitions - alteration

An alteration refers to a change made to something, and in legal contexts, it typically carries two distinct meanings:

1. Alteration of Property

In the context of property, an alteration refers to a significant change made to real estate, particularly to a building or structure. This change is usually substantial enough to affect the property's character or use, but it typically does not involve adding to or removing parts of the building's exterior dimensions or structural framework in a way that creates an entirely new structure. It must be more than a minor or cosmetic adjustment.

• Example 1: Residential Renovation

  A homeowner decides to completely remodel their kitchen, tearing out all existing cabinets, countertops, and appliances, and reconfiguring the layout by moving plumbing and electrical lines. This is considered an alteration because it's a substantial change to the interior of the house, significantly impacting its functionality and appearance, even though the exterior walls and overall footprint remain the same.

• Example 2: Commercial Space Reconfiguration

  A business leases an office space and, with the landlord's permission, removes several non-load-bearing interior walls to create an open-plan workspace from what were previously individual offices. This constitutes an alteration as it fundamentally changes the internal layout and use of the commercial unit without expanding its exterior or affecting the building's core structure.

2. Alteration of Legal Instruments

When referring to legal documents or instruments, an alteration means a change made to the document's meaning or language after it has been formally signed or executed. For an alteration to have legal significance, it is typically made without the consent of all parties involved and can sometimes invalidate the entire document, especially if the change is "material," meaning it significantly changes a party's obligations or the document's legal effect.

• Example 1: Modifying a Promissory Note

  After a borrower signs a promissory note agreeing to repay a loan of $10,000, the lender, without the borrower's knowledge or consent, changes the amount on the note to $12,000. This is a material alteration because it significantly changes the borrower's financial obligation, potentially making the original note unenforceable.

• Example 2: Changing Contract Terms

  Two parties sign a contract for the sale of goods, specifying a delivery date of June 1st. One party later unilaterally crosses out "June 1st" and writes "May 15th" without informing or getting approval from the other party. This is an alteration to a key term of the contract, which could affect the rights and duties of the parties and potentially void the agreement.

• Example 3: Adding a Clause to a Will

  After a person has signed their last will and testament, a family member secretly adds a new clause to the document, granting themselves a larger share of the estate. This unauthorized addition is an alteration to the will. Such a change, made without the testator's (the person who made the will) knowledge or proper legal formalities, would likely be considered invalid and could lead to disputes over the will's authenticity and enforceability.