Legal Definitions - limitation

In legal terms, "limitation" refers to a boundary, restriction, or a specific period within which certain actions must be taken or rights can be exercised.

It has several distinct applications:

• A General Restriction or Boundary

  This meaning refers to any rule or condition that sets a boundary or restricts an action, right, or power.

  • Example 1: A city council passes a new ordinance that places a limitation on the height of new commercial buildings in the historic district.

    Explanation: This ordinance creates a restriction, setting an upper boundary on how tall buildings can be, thereby limiting construction possibilities in that area.

  • Example 2: A software company's user agreement includes a limitation of liability clause, stating that the company is not responsible for indirect damages if their software malfunctions.

    Explanation: This clause restricts the extent of the company's financial responsibility, setting a boundary on the types of damages a user could claim.

• A Statutory Deadline for Legal Action

  Often referred to as a "statute of limitations," this is a specific period established by law after which a lawsuit or criminal prosecution cannot be initiated in court, regardless of the merits of the case. Once this period expires, the legal right to bring the action is lost.

  • Example 1: A person discovers that a contractor performed faulty work on their home five years ago. However, the state law imposes a three-year limitation for filing lawsuits related to construction defects.

    Explanation: The three-year period is the legal deadline (limitation) within which the homeowner must bring their claim to court. Since five years have passed, they are likely barred from suing.

  • Example 2: Law enforcement gathers evidence of a minor theft that occurred four years ago. However, the state's criminal code sets a two-year limitation for prosecuting such misdemeanors.

    Explanation: The two-year period is the legal deadline (limitation) for the government to bring criminal charges. Even with evidence, the prosecution cannot proceed because the time limit has expired.

• A Condition or Restriction on Property Ownership

  In property law, a limitation refers to a condition or restriction placed on the ownership of land or property. These conditions dictate how long an estate (an interest in property) will last or under what specific circumstances it might automatically end or transfer to someone else.

  • Example 1 (Reversion to Grantor): A landowner donates a parcel of land to a local charity "for as long as the land is used as a community garden." If the charity later decides to build offices on the land, ownership automatically reverts back to the original landowner (or their heirs).

    Explanation: The phrase "for as long as" creates a special limitation. The charity's ownership is conditional; it automatically ends if the land's use changes, and the property returns to the original grantor.

  • Example 2 (Transfer to a Third Party): A will specifies, "I leave my antique car collection to my nephew, Mark, but if Mark ever sells any part of the collection, then the entire collection shall immediately pass to my local museum."

    Explanation: This is an executory limitation. Mark's ownership is subject to a condition (not selling any part of the collection). If that condition is met (he sells), the property automatically transfers to a third party (the museum), rather than reverting to the original estate.

  • Example 3 (Lease Termination): A residential lease agreement includes a clause stating that the lease will automatically terminate if the tenant sublets the property without the landlord's written permission.

    Explanation: This is a type of conditional limitation in a lease. The tenant's right to occupy the property is limited by the condition of not subletting without permission. If the condition is breached, the lease automatically ends without further action from the landlord.