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

handle is hein.ali/retprtys0259 and id is 1 raw text is: PROPERTY 3D: SERVITUDES CHAPTER 1. DEFINITIONS § 1.1 Servitude Defined; Scope of Restatement Colo.App.2019. Subsecs. (1)(a) and (1)(b) cit. in sup. After homeowner filed a lawsuit against uphill landowner and county, and joined all necessary parties, including neighbor, homeowner entered into a settlement agreement with uphill landowner and county that required homeowner to remediate portions of the neighborhood that his culvert had damaged, and moved for dismissal of all his claims. Neighbor counterclaimed that the settlement and proposed stipulated judgment would adversely affect her interest in the neighborhood. The trial court entered judgment for neighbor. This court affirmed, holding, inter alia, that the trial court's grant of injunctive relief barring landowner from remediating the culvert was appropriate, because the remediation would violate neighbor's easement for use of a roadway. The court explained that irreparable harm was not a necessary element of an injunction to protect an easement, because, as set forth in Restatement Third of Property: Servitudes § 8.3, it was inappropriate for parties to buy out of a servitude obligation if the servitude continued to serve its purpose, citing § 1.1 to note that the Restatement used the term servitude to describe easements. Rinker v. Colina-Lee, 452 P.3d 161, 172. § 1.2 Easement and Profit Defined Cal.App.2020. Cit. in treatise quot. in disc.; subsec. (4) quot. in disc. Warehouse owner sued neighbor, seeking a declaration that, in 1950, a prior owner of defendant's property had granted plaintiff's predecessor an irrevocable license to use eight parking spaces on its property, as evidenced by a parking affidavit filed with the city's department of building and safety, and that the license was binding on defendant. After bench trial, the trial court upheld the affidavit even though it had not been recorded and even though defendant and its predecessors took title to the property with no knowledge of the affidavit. Reversing and remanding, this court held that, under California law, irrevocable licenses were, for all intents and purposes, the equivalent of an easement, and that an easement was unenforceable against a subsequent purchaser without notice except under limited circumstances not applicable here. The court noted that, under Restatement Third of Property: Servitudes § 1.2, the term easement included an irrevocable license to enter and use land in the possession of another. Gamerberg v. 3000 E. 11th St., LLC, 257 Cal.Rptr.3d 652, 660. Colo.App.2019. Cit. in disc.; subsec. (1) quot. in disc. After homeowner filed a lawsuit against uphill landowner and county, and joined all necessary parties, including neighbor, homeowner entered into a settlement agreement with uphill landowner and county that required homeowner to remediate portions of the neighborhood that his culvert had damaged, and moved for dismissal of all his claims. Neighbor counterclaimed that the settlement and proposed stipulated judgment would adversely affect her interest in the neighborhood. The trial court entered judgment for neighbor. This court affirmed, holding, inter alia, that the trial court's grant of injunctive relief barring landowner from remediating the culvert was appropriate, because the remediation would violate neighbor's easement for use of a roadway. The court COPYRIGHT ©2020 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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