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Case Citations (March 2016 through June 2016) [i] (2016)

handle is hein.ali/retprtys0251 and id is 1 raw text is: PROPERTY 3D: SERVITUDES CHAPTER 1. DEFINITIONS § 1.1 Servitude Defined; Scope of Restatement Wyo.2015. Cit. in sup., subsecs. (1), (2)(a), and (2)(c) and com. (e) quot. in sup. Surface landowners filed a claim for breach of contract against oil-and-gas lessee and its assignees, alleging that lessee and assignees breached surface-and-water agreements in which lessee agreed to pay landowners for access to their land during exploration and production under certain mineral leases and to restore the land when operations ceased. After assignees defaulted, the trial court granted landowners summary judgment against lessee. Affirming, this court held that lessee remained liable to landowners to perform the agreements after assignees defaulted, because the parties intended to create contractual obligations that obligated lessee even after assignment, rather than real-estate servitudes that the parties would not have expected lessee to fulfill after assignment. The court relied on the definition of servitudes set forth in Restatement Third of Property: Servitudes § 1.1 in support of its conclusion that the parties did not intend for the agreements to create servitudes. Pennaco Energy, Inc. v. KD Co. LLC, 363 P.3d 18, 24, 36. § 1.2 Easement and Profit Defined N.J.Super.App.Div.2015. Subsec. (2) cit. in sup.; com. (a) cit. in sup. Daughter who inherited property from her father brought a declaratory-judgment action against mining operator that had a lease agreement with father to operate a quarry on the property for an indeterminate number of years at defendant's discretion, seeking to eject defendant from the property. The trial court granted defendant's motion for summary judgment. This court affirmed, holding that defendant's agreement with plaintiffs father created a profit relationship that had not terminated. Citing Restatement Third of Property: Servitudes § 1.2, the court determined that the agreement created a profit relationship, rather than a license or a lease, because it gave defendant the right to remove materials from the land. Van Horn v. Harmony Sand & Gravel, Inc., 442 N.J.Super. 333, 344, 122 A.3d 1021, 1028. CHAPTER 2. CREATION OF SERVITUDES § 2.2 Intent to Create a Servitude Wyo.2015. Cit. in disc., coms. (a) and (d) quot. in disc. Surface landowners filed a claim for breach of contract against oil-and-gas lessee and its assignees, alleging that lessee and assignees breached surface- and-water agreements in which lessee agreed to pay landowners for access to their land during exploration and production under certain mineral leases and to restore the land when operations ceased. After assignees defaulted, the trial court granted landowners summary judgment against lessee. Affirming, this court held that lessee remained liable to landowners to perform the agreements after An LIwwJ For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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