2 types of jurisdiction for Improvements:
- (1) Traditional Common Law: Improvements on another’s land becomes the
- property of the landowner and improver losses improvement…
- However, there are current trends in statutory law to combat general rule—known as betterment
- statutes.
(2)
Modern Betterment Statute Remedies—the landowner ehooses remedy; improvement subject to landowner’s election
(a) The
landowner of the property may purchase the improvement from the improver (thus reimbursing improver for improvement)
Value of the improvement is determined by looking at what it cost to build the improvement.
(b) The owner of the property may
sell the property at the fair market value to the improver.
(i) Purchase price is the value of the property BEFORE the improvement.