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Case Citations [1] (July 2018 through August 2019)

handle is hein.ali/retprtys0257 and id is 1 raw text is: PROPERTY 3D: SERVITUDES CHAPTER 1. DEFINITIONS § 1.1 Servitude Defined; Scope of Restatement Idaho, 2019. Quot. in disc. Property owners brought a declaratory-judgment action against real-estate investor and investor's successor in interest, alleging that a right-of-first-refusal provision to plaintiffs' property, which was sold to investor through an addendum to a previous deed conveying a different parcel of plaintiffs' property, could not be enforced against investor's heirs and successors, because the right was personal to plaintiffs and investor, and not binding on the parties' successors. The trial court granted plaintiffs' motion for declaratory judgment. This court vacated the trial court's ruling and remanded, holding that, while the right of first refusal was personal to the parties and nonassignable, the right was not extinguished when investor attempted to assign it to successor. The court cited Restatement Third of Property: Servitudes § 1.1 in explaining that the right of first refusal was not an appurtenant servitude, because the right did not run with the land and was not binding on successors, heirs, and assigns. Mulberry v. Burns Concrete, Inc., 435 P.3d 509, 513. § 1.2 Easement and Profit Defined Mass.App.2018. Com. (d) quot. in sup. Beach association sued property owners, seeking, among other things, to enjoin defendants from interfering with its access to a footpath crossing defendants' property. After a jury found that plaintiff had a prescriptive easement in the footpath, the trial court issued a post- trial decision permitting defendants to erect an unlocked, hinged gate on the footpath at both side boundaries of their property. Affirming, this court held, among other things, that the gate was not an impermissible obstruction of the footpath, because plaintiff had not shown that the gate unreasonably interfered with its right of passage over the footpath. The court pointed out that, under Restatement Third of Property: Servitudes § 1.2, a servient estate owner retained the right to make all uses of the land that did not unreasonably interfere with exercise of the rights granted by the servitude. Smaland Beach Association, Inc. v. Genova, 112 N.E.3d 814, 824. § 1.5 Appurtenant, In Gross, and Personal Defined Idaho, 2019. Quot. in conc. op.; com. (a) quot. in conc. op. Property owners brought a declaratory- judgment action against real-estate investor and investor's successor in interest, alleging that a right-of- first-refusal provision to plaintiffs' property, which was sold to investor through an addendum to a previous deed conveying a different parcel of plaintiffs' property, could not be enforced against investor's heirs and successors, because the right was personal to plaintiffs and investor, and not binding on the parties' successors. The trial court granted plaintiffs' motion for declaratory judgment. This court vacated the trial court's ruling and remanded, holding that, while the right of first refusal was personal to the parties and nonassignable, the right was not extinguished when investor attempted to assign it to successor. Citing Restatement Third of Property: Servitudes § 1.5, the concurring opinion explained the differences between appurtenant servitudes, servitudes in gross, and personal servitudes, and observed COPYRIGHT 02019 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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