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

handle is hein.ali/relwprpty0255 and id is 1 raw text is: PROPERTY DIVISION 2. FREEHOLD ESTATES CHAPTER 4. ESTATES IN FEE SIMPLE DEFEASIBLE TOPIC 2. CHARACTERISTICS OF AN ESTATE IN FEE SIMPLE DEFEASIBLE § 49. Privilege to Use the Affected Land C.A.9, 2018. Quot. in sup. Property owners filed class actions against railroad, challenging railroad's ability to lease land under its rights-of-way to pipeline company for a petroleum pipeline; railroad counterclaimed for declaratory relief and to quiet title. The district court granted owners' motion to dismiss railroad's counterclaims, finding that the acts of Congress conferring the rights-of-way authorized railroad to use them only for a railroad purpose. Reversing and remanding, this court held that railroad held a fee simple defeasible in everything except the mineral estate, which entitled it to lease the subsurface (as well as the surface) as long as it continued to use the rights-of-way to operate a railroad, regardless of whether the lease was for a railroad purpose. The court explained that, under Restatement of Property § 49, railroad, as the owner of the fee, could do anything an owner in fee simple absolute could do, as long as it was not inconsistent with the language of limitation. Barahona v. Union Pacific Railroad Company, 881 F.3d 1122, 1132. DIVISION 4. SOCIAL RESTRICTIONS IMPOSED UPON THE CREATION OF PROPERTY INTERESTS PART 1. THE COMMON LAW RULE AGAINST PERPETUITIES CHAPTER 27. THE COMMON LAW RULE AGAINST PERPETUITIES-APPLICABILITY TO SPECIFIC TYPES OF LIMITATION TOPIC 3. SPECIFIC TYPES OF LIMITATIONS INVOLVING AN OPTION § 393. Option Limited in Favor of One Other than the Conveyor Neb.2017. Cit. in ftn.; com. (f) cit. in ftn. Grantor of real property under a warranty deed sued grantees and buyers who purchased the property from grantees, alleging that, although grantor had reserved a right of first refusal in the deed, grantees sold the property to buyers without first giving him notice of buyers' offer. The trial court granted summary judgment for grantees and buyers, finding that the right of first refusal was void under the Statue of Frauds because grantees had not signed the deed. Reversing and remanding for further proceedings, this court held that a right of first refusal in a deed was an enforceable agreement under the Statute of Frauds upon the acceptance of the deed. The court noted that, while there was a clear distinction between an option to purchase real estate and a right of first refusal, Restatement of Property § 393 explained that an option, like a right of first refusal, could be For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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