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Case Citations [1] (July 2017 through April 2018)

handle is hein.ali/relwprpty0254 and id is 1 raw text is: PROPERTY DIVISION 1. INTRODUCTION CHAPTER 1. DEFINITION OF CERTAIN GENERAL TERMS § 9. Estate Fla.App.2016. Quot. in case quot. in disc. Prior landowner who had leased a parcel of land, along with an accompanying easement, to cellular-telephone company brought an action against current landowners, seeking a declaratory judgment that he had the right to receive rents due under the lease with company and seeking a reformation of two warranty deeds to reflect this right. The trial court granted summary judgment for defendants. This court reversed, holding that, because all of the parties to the original sales contract intended for grantor to retain the right to receive rents under the lease, that right did not merge into any subsequent deed, and remanded for a determination as to whether defendants purchased the land as bona fide purchasers for value and without notice of the reservation of right to receive rents. The court quoted Restatement of Property § 9, Comment b, in noting that the right to receive rent was an incorporeal hereditament, an intangible interest in real property, and subject to Florida's recording statute. Harkless v. Laubhan, 219 So.3d 900, 908. DIVISION 2. FREEHOLD ESTATES CHAPTER 2. DEFINITION OF TERMS RELATING TO ESTATES § 14. Estate in Fee Simple N.J.Super.App.Div.2017. Subsec. (a)(i) cit. in sup. State department of environmental protection filed condemnation complaints against 23 property owners who refused to provide voluntary easements over their properties, which the department sought in order to complete certain projects to protect the state's shoreline. After hearing oral arguments, the trial court entered judgment in favor of the department, finding that the department properly exercised its power of eminent domain to take perpetual easements over the properties. Affirming, this court held that nothing in the federal and state statutes pursuant to which the department sought to carry out the projects limited the department's discretion and authority to take perpetual easements. The court pointed out that, under Restatement of Property § 14, a fee simple was an estate of potentially infinite duration. State v. North Beach 1003, LLC, 166 A.3d 239, 255. DIVISION 3. FUTURE INTERESTS PART 4. SPECIAL TOPICS A L Im For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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