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

handle is hein.ali/retprtys0255 and id is 1 raw text is: PROPERTY 3D: SERVITUDES CHAPTER 1. DEFINITIONS § 1.2 Easement and Profit Defined C.A.9, 2018. Quot. in sup. Property owners filed class actions against railroad, challenging railroad's ability to lease land under its rights-of-way to pipeline company for a petroleum pipeline; railroad counterclaimed for declaratory relief and to quiet title. The district court granted owners' motion to dismiss railroad's counterclaims, finding that the acts of Congress conferring the rights-of-way authorized railroad to use them only for a railroad purpose. Reversing and remanding, this court held that railroad held a fee simple defeasible in everything except the mineral estate, which entitled it to lease the subsurface (as well as the surface) as long as it continued to use the rights-of-way to operate a railroad, regardless of whether the lease was for a railroad purpose. The court noted that, while the acts of Congress prevented railroad from extracting mineral resources from the rights-of-way, they did not prevent railroad from using the subsurface for any other purpose, consistent with the distinction described in Restatement Third of Property: Servitudes § 1.2 between an ordinary easement-which conferred a nonpossessory right to enter and use land-and a profit a prendre-which conferred the right to enter and remove timber, minerals, oil, gas, game, or other substances. Barahona v. Union Pacific Railroad Company, 881 F.3d 1122, 1133. § 1.3 Covenant Running with Land, Affirmative, Negative, and Restrictive Covenants Defined Tex.App.2017. Subsec. (3) quot. in sup. Association of property owners in a subdivision sued neighbor that owned property adjacent to the subdivision, seeking a declaration that neighbor was bound by a non-access easement contained in a declaration recorded by the parties' common predecessor. The trial court granted summary judgment for association on neighbor's affirmative defense that the easement was terminated by merger. Affirming, this court held that the easement was a negative covenant under Restatement Third of Property: Servitudes § 1.3, which could be terminated by merger only when all of the benefits and burdens of the easement came into a single ownership, and, while neighbor proved that it had acquired much of the property burdened by the easement, including property on each side of the easement and the land on which the easement was located, it failed to show that it had acquired all of the property that was burdened and benefited by the easement. Teal Trading and Development, LP v. Champee Springs Ranches Property Owners Association, 534 S.W.3d 558, 578, 579, 580. § 1.7 General-Plan Development Defined Mont.2018. Subsec. (1) quot. in sup. Property owners sued neighbor, seeking a declaration that they were entitled to access and use an airstrip located on neighbor's property pursuant to the terms of an easement that the parties' common predecessors had granted to each other and to themselves. The trial court granted defendant's motion for partial summary judgment on the ground that a landowner could not hold an easement on his or her own land. While affirming on different grounds, this court noted that, under Restatement Third of Property: Servitudes § 7.5, a landowner could create an easement upon his mA L I For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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