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Case Citations [1] (July 2019 - April 2020)

handle is hein.ali/retprtys0258 and id is 1 raw text is: PROPERTY 3D: SERVITUDES CHAPTER 1. DEFINITIONS § 1.2 Easement and Profit Defined Mont.2019. Subsec. (4) and com. (h) cit. in ftn. In a dispute over whether owners of two unimproved lots in a residential subdivision were required to allow homeowners association and other lot owners to use a road over their lots, this court affirmed the trial court's grant of summary judgment for association and other lot owners, holding that the recorded subdivision plat depicting the road, along with the warranty deeds that severed plaintiffs' lots from common ownership and conveyed them by reference to the plat, created a roadway easement that benefited the other lots in the subdivision. In making its decision, the court noted that an affirmative easement was a nonpossessory interest in land authorizing one to use the property of another for a particular purpose, and that, under Restatement Third of Property: Servitudes § 1.2, the historically distinct concept of a negative easement was subsumed into the concept of a restrictive covenant. O'Keefe v. Mustang Ranches HOA, 446 P.3d 509, 515. § 1.7 General-Plan Development Defined Mont.2019. Cit. in sup. Owners of two unimproved lots in a residential subdivision sued homeowners association and owners of other subdivision lots, seeking a declaration that a road passing over their lots and leading to federal lands adjacent to the subdivision benefited only their lots to the exclusion of defendants. The trial court granted summary judgment for defendants. Affirming, this court held that the recorded subdivision plat depicting the road, along with the warranty deeds that severed plaintiffs' lots from common ownership and conveyed them by reference to the plat, created a roadway easement that benefited the other lots in the subdivision. The court cited Restatement Third of Property: Servitudes §§ 1.7, 2.1, and 2.14 in noting that a parcel of land could be reciprocally servient and dominant to other parcels of land formerly under common ownership. O'Keefe v. Mustang Ranches HOA, 446 P.3d 509, 518. CHAPTER 2. CREATION OF SERVITUDES § 2.1 Creation of a Servitude Mont.2019. Cit. in disc.; com. (c) cit. in sup. Owners of two unimproved lots in a residential subdivision sued homeowners association and owners of other subdivision lots, seeking a declaration that a road passing over their lots and leading to federal lands adjacent to the subdivision benefited only their lots to the exclusion of defendants. The trial court granted summary judgment for defendants. Affirming, this court cited Restatement Third of Property: Servitudes § 2.1, which dealt with the creation of servitudes, in holding that the recorded subdivision plat depicting the road, along with the warranty deeds that severed plaintiffs' lots from common ownership and conveyed them by reference to the plat, created a roadway easement that benefited the other lots in the subdivision. O'Keefe v. Mustang Ranches HOA, 446 P.3d 509, 515, 516, 518. COPYRIGHT 02020 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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