About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

Case Citations [1] (July 2017 through April 2018)

handle is hein.ali/retprtys0254 and id is 1 raw text is: PROPERTY 3D: SERVITUDES CHAPTER 1. DEFINITIONS § 1.1 Servitude Defined; Scope of Restatement Conn.App.2017. Quot. in ftn. Property owners in a common-interest community brought an action against developer, homeowners association, and association's president for denying plaintiffs' request to erect a town-compliant fence that intruded into an unrecorded green zone on the property. After barring reference to the green zone, the trial court entered judgment for plaintiffs. This court reversed and remanded, holding that, while a restrictive covenant in a declaration need not specifically state all of the criteria considered when exercising broad design-control authority, it was unable to factually determine whether defendants' exercise of design control was reasonable. The court referred to Restatement Third of Property: Servitudes § 1.1 for the proposition that a servitude, like all restrictive covenants, was a legal devise creating a right or obligation that runs with the land or an interest in land. Grovenburg v. Rustle Meadow Associates, LLC, 165 A.3d 193, 199. § 1.2 Easement and Profit Defined Ind.App.2017. Subsec. (1) quot. in ftn. Dominant-estate owner, whose property was served by a private sewer line over neighboring servient-estate owner's property, filed a petition for judicial review after the town plan commission approved servient owner's application to relocate the easement to accommodate redevelopment of the servient estate. The trial court granted summary judgment for dominant owner. This court reversed and remanded, holding that the proposed relocation was reasonable, because it would not significantly lessen the utility of the easement, increase the burdens on dominant owner's use and enjoyment of the easement, or frustrate the purpose for which the easement was created. The court noted that, under Restatement Third of Property: Servitudes § 1.2, an easement created a nonpossessory right to enter and use land in the possession of another and obligated the possessor not to interfere with the uses authorized by the easement. Town of Ellettsville v. DeSpirito, 78 N.E.3d 666, 677. § 1.3 Covenant Running with Land, Affirmative, Negative, and Restrictive Covenants Defined Neb.2017. Cit. in ftn. Subdivision property owners brought an action against neighboring land owners whose land was outside of the subdivision but conveyed by a common grantor, seeking an injunction against a violation of a restrictive covenant limiting the structures built on subdivision lots. The trial court granted summary judgment for defendants. This court affirmed, holding that plaintiffs could not have had a reasonable expectation that defendants' property lying outside of the subdivision plat was subject to the same restrictions as property within the plat, and that the doctrine of implied reciprocal negative servitudes did not apply under the circumstances. The court noted that Restatement Third of Property: Servitudes § 1.3 recognized that the modern trend was to refer to both real covenants and equitable servitudes simply as servitudes. Walters v. Colford, 900 N.W.2d 183, 190. § 1.4 Terms Real Covenant and Equitable Servitude Dropped mA L I For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most