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Case Citations [i] (Fall 2023)

handle is hein.ali/retprtys0033 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2023 Citations PROPERTY 3D (SERVITUDES) CHAPTER 1. DEFINITIONS § 1.1 Servitude Defined; Scope of Restatement N.J.Super.App.Div.2022. Subsecs. (1) and (2) cit. in case cit. in sup. In a foreclosure action, bank, who acquired parcels of real property through a sheriff's sale and subject to homeowners' association's declaration, filed a motion to divest property from the declaration and to vacate defendant's fees for maintenance of subdivision common areas. The trial court denied plaintiff's motion to divest. This court affirmed, holding that plaintiff was obligated to pay defendant's declaration fees, because, although the mortgage giving rise to the sheriff's sale was recorded prior to the declaration, equity required that defendant's lien on the property be given priority. The court explained that the declaration was a servitude, as defined by Restatement Third of Property: Servitudes § 1.1, that ran with the land. Fulton Bank of New Jersey v. Casa Eleganza, LLC, 281 A.3d 252, 258. § 1.3 Covenant Running with Land, Affirmative, Negative, and Restrictive Covenants Defined Tex.App.2022. Subsec. (3) quot. in case quot. in disc. Homeowners' association for a ranch subdivision sued buyers of property in the subdivision, after buyers installed a locked gate to block a roadway crossing their property that neighbors in the subdivision used to access their properties. After a bench trial, the trial court granted association's request for a permanent injunction, finding, among other things, that a perpetual easement over the roadway ran with the property under the covenants, conditions, and restrictions governing the subdivision. This court affirmed that portion of the decision. In making its decision, the court noted that, under Restatement Third of Property: Servitudes § 1.3, a restrictive covenant was a negative covenant that limited permissible uses of land. Hazel v. Lonesome Ranch Property Owners Association, 656 S.W.3d 468, 491. § 1.8 Common-Interest Community Defined N.J.Super.App.Div.2022. Quot. in sup.; com. (c) quot. in sup. In a foreclosure action, bank, who acquired parcels of real property through a sheriff's sale and subject to homeowners' association's declaration, filed a motion to divest property from the declaration and to vacate defendant's fees for maintenance of subdivision common areas. The trial court denied plaintiff's motion to divest. This court affirmed, holding that plaintiff was obligated to pay defendant's declaration fees, because, although the mortgage giving rise to the sheriff's sale was recorded prior to the declaration, equity required that defendant's lien on the property be given priority. The court observed that the subdivision was a common-interest community, as defined by Restatement Third of Property: Servitudes § 1.8, that COPYRIGHT (2023 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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