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Case Citations [1] (July 2020 - April 2021)

handle is hein.ali/relwprpty0260 and id is 1 raw text is: PROPERTY Generally N.D.Tex.2020. Cit. generally in disc. Landowner sued lessee of oil-and-gas interests on landowner's property, seeking a preliminary injunction to enjoin defendant from selling its interests in the lease to third-party purchaser through its power under the parties' lease agreement to reasonably withhold consent to sale of the interests. This court denied plaintiff's motion for a preliminary injunction, holding, as a matter of first impression, that plaintiff unreasonably withheld its consent to the sale of the interests. The court noted that Texas law relied on theories set forth in the Restatement of Property, the Restatement Second of Property: Landlord & Tenant, and the Restatement Third of Property: Servitudes when construing oil-and-gas leases. Mayo Foundation for Medical Education and Research v. BP America Production Company, 447 F.Supp.3d 522, 529, 530. Conn.2020. Cit. generally in cases cit. in sup. Beneficiaries of two family trusts created by grandfather and great-grandmother brought a declaratory action against co-beneficiaries, alleging that the trusts conveyed the trust corpus directly to the grandchildren of grandfather upon the death of the measuring lives, which included the lives of all three of grandfather's children, because the terms of the trusts gifted trust assets to the grantors' issue who were then living at the time the trusts expired. The trial court entered judgment for defendants. This court affirmed, holding that the proper interpretation of the trusts was that the trust corpus should be divided equally among the three children of grandfather. The court rejected plaintiffs' assertion that it was improper to look to the Restatement of Property, the Restatement Second of Property: Donative Transfers, and the Restatement Third of Property: Wills and Other Donative Transfers to interpret the trusts because those Restatements did not exist at the time the trusts were created, and explained that courts were not limited to law decided prior to the execution of the trust instruments. Schwerin v. Ratcliffe, 238 A.3d 1, 16. Or.App.2020. Cit. generally in disc. Landowners sued neighbors, alleging that defendants trespassed onto plaintiffs' property, because an easement stipulated in a declaration encompassing the parties' properties and in a deed conveying ownership of the properties from a corporation to the parties' predecessor-in-interest was invalid. The trial court granted defendants' motion for summary judgment and entered a limited judgment in favor of defendants. This court reversed and remanded, holding, inter alia, that no valid easement burdening plaintiffs' property existed, because the parties' properties were owned as a single unit at the time the easement was purportedly created. The court noted that it was appropriate to give weight to the Restatement Third of Property: Servitudes in analyzing the purported easement, because Oregon frequently looked to the Restatement Second of Torts, the Restatement Second of Property: Landlord & Tenant, and the Restatement of Property as shorthand expressions of the court's view on the relevant subject matter. Partney v. Russell, 469 P.3d 756, 765. DIVISION 1. INTRODUCTION CHAPTER 1. DEFINITION OF CERTAIN GENERAL TERMS COPYRIGHT ©2021 By THE AMERICAN LAW INSTITUTE All rights reserved 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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