Treatment of appurtenant land: municipal minimum open space counts as part of the house, excess may be separately valued. Land appurtenant to a house is treated as part of the house where it is reasonably necessary for enjoyment. If vacant land does not exceed municipal bye-laws' minimum open-space requirement it is part of the house; where it exceeds that limit, it is appurtenant only if bye-laws do not permit construction of a separate tenantable unit, otherwise the excess land is not appurtenant and its valuation should be referred to the Valuation Cell.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Treatment of appurtenant land: municipal minimum open space counts as part of the house, excess may be separately valued.
Land appurtenant to a house is treated as part of the house where it is reasonably necessary for enjoyment. If vacant land does not exceed municipal bye-laws' minimum open-space requirement it is part of the house; where it exceeds that limit, it is appurtenant only if bye-laws do not permit construction of a separate tenantable unit, otherwise the excess land is not appurtenant and its valuation should be referred to the Valuation Cell.
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