An estimate of the value must be made when a part is lost by eviction.

Explanation

When a buyer is dispossessed of part of what he purchased because a superior title prevails, the value of what was lost must be assessed at the time of eviction so that the buyer may recover his just compensation.

Where this applies

• A buyer purchases a farm and discovers that the seller held a superior title to only 80 of the 100 acres, and the court orders a valuation of the lost 20 acres at the time of the eviction so the buyer can recover fair compensation.
• A homeowner buys a lot that turns out to have a pre-existing lien covering half the property, and when that half is lost to the lienholder, the court assesses the value of the lost portion so the buyer can seek recovery from the seller.
• A tenant is evicted from a portion of rented commercial space because a third party proves a prior lease to that area, and the court orders an appraisal of the lost space to determine the tenant's damages.