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Case Citations [1] (July 2018 through April 2019)

handle is hein.ali/relwprpty0256 and id is 1 raw text is: PROPERTY DIVISION 1. INTRODUCTION CHAPTER 1. DEFINITION OF CERTAIN GENERAL TERMS § 13. Transfer C.A.9, 2018. Subsec. (1) quot. in sup. State department of toxic-substances control brought an action under CERCLA against purchaser of property where a facility that recycled spent solvents was located, seeking to recover the costs of cleanup from the property's previous owner's operations. The district court granted defendant's motion for summary judgment. This court reversed, holding that a defendant who purchased property at a tax sale had a contractual relationship with the previous owner of the property within the meaning of CERCLA. The court explained that, before the execution of the tax deed, the previous owner had the legal right to possess the property, and that the tax deed divested the previous owner of its interest and vested the right of possession in defendant, which satisfied the definition of transfer as set forth in Restatement of Property § 13(1) and fell within the scope of a contractual relationship. California Department of Toxic Substances Control v. Westside Delivery, LLC, 888 F.3d 1085, 1095. DIVISION 2. FREEHOLD ESTATES CHAPTER 3. ESTATES IN FEE SIMPLE ABSOLUTE TOPIC 1. CREATION TITLE A. CONVEYANCES INTER VIVOS OTHER THAN UNDER MODERN STATUTES § 34. Inter Vivos Conveyance to a Corporation Aggregate Ohio, 2018. Quot. in sup. Owners of property adjacent to an abandoned rail corridor sued organization that sought to develop the corridor into a bike trail, alleging, among other things, that, under the 1882 deed by which part of the corridor was originally conveyed to the railroad, the sections of the corridor adjacent to their properties reverted to them when the corridor stopped being used for railroad purposes. The trial court granted summary judgment for organization, finding that the deed did not create a determinable fee, because it did not contain reversionary language. The court of appeals affirmed in part, ruling that the deed created a fee simple absolute. Affirming that portion of the decision, this court held that, within the four corners of the deed, the parties made clear their intention to create a fee simple absolute by unequivocally conveying the property to railroad and its assigns forever. The court relied in part on Restatement of Property § 34 in noting that, in a fee-simple conveyance to a corporation, the words heirs or successors were not necessary. Koprivec v. Rails-to-Trails of Wayne County, 102 N.E.3d 444, 452. COPYRIGHT 02019 By THE AMERICAN LAW INSTITUTE All rights reserved ALI Printed in the United States of America .. . . -- For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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