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Case Citations July 2015 through February 2016 [1] (2015-2016)

handle is hein.ali/retprtys0250 and id is 1 raw text is: PROPERTY 3D: SERVITUDES CHAPTER 1. DEFINITIONS § 1.1 Servitude Defined; Scope of Restatement Wis.2015. Subsec. (1) cit. in case quot. in disc. Operator of a dairy farm sued owners of neighboring farmland, alleging, among other things, that defendants breached plaintiff's right of first refusal to purchase or lease the farmland; defendants counterclaimed, alleging that they validly revoked the right of first refusal after a reasonable period of time because it was indefinite as to duration and did not expressly state that it was intended to be perpetual. The trial court granted summary judgment for defendants. The court of appeals reversed. Affirming, this court held that a right of first refusal was definite as to duration when it specified an event that triggered the right and required the right holder to exercise or waive the right within a specified period of time, even if the triggering event was not certain to occur; thus, plaintiff's right of first refusal continued until there was a sale of the property, either to plaintiff or to a third party, in the event that plaintiff declined to exercise its right. The court noted that, under Restatement Third of Property: Servitudes § 1.1, a right of first refusal to purchase or lease land could be a servitude, and servitudes were subject to the rules against restraints on alienation. MS Real Estate Holdings, LLC v. Donald P. Fox Family Trust, 864 N.W.2d 83, 90. § 1.2 Easement and Profit Defined 111.2014. Subsec. (1) quot. in sup. Landowner sought a declaratory judgments that neighbors' use of a strip of land owned by plaintiff amounted to a trespass; defendants counterclaimed, alleging inter alia, that they enjoyed a prescriptive easement over the disputed property. The trial court granted summary judgment for plaintiff, finding that defendants did not establish that their use of the property was exclusive. The court of appeals affirmed. This court reversed and remanded, holding that, as a matter of law, defendants satisfied the elements of exclusivity and adversity necessary to establish a claim for a prescriptive easement. In discussing the exclusivity requirement, this court pointed out that, as stated in Restatement Third of Property: Servitudes § 1.2, an easement created a nonpossessory right to enter and use land in the possession of another, and there was no requirement in the law of easements that the owner of the land had to be altogether deprived of possession or use of the land. Nationwide Financial, LP v. Pobuda, 21 N.E.3d 381, 391. Tex.App.2014. Com. (d) cit. in case cit. in disc. Employee of demolition subcontractor who sustained serious injuries when he attempted to disconnect a cable from an energized electrical transformer in a utility easement at a work site sued electrical provider and others, alleging that defendant failed to adequately warn about a dangerous condition and failed to exercise reasonable care to make the premises safe. The trial court entered judgment on a jury verdict that apportioned 60% of the responsibility for plaintiff's injuries to defendant on a general-negligence theory. Reversing and rendering judgment that plaintiff take nothing against defendant, this court held that, while defendant qualified as an occupier of the premises for purposes of negligence liability in tort, because it owned the ALI For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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