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Case Citations [1] (July 2020 - August 2021)

handle is hein.ali/retprtys0261 and id is 1 raw text is: PROPERTY 3D: SERVITUDES CHAPTER 1. DEFINITIONS § 1.1 Servitude Defined; Scope of Restatement D.Del.Bkrtcy.Ct.2020. Subsec. (1)(a) quot. in case quot. in sup. After filing for Chapter 11 bankruptcy, energy company brought an adversary action against oil-and-gas processor, alleging, inter alia, that a dedication to a related gas-gathering agreement between the parties obligating the owner of energy company's land to pay fees to processor did not run with the land. This court entered judgment in part for energy company, holding, inter alia, that the gathering agreement did not run with the land such that purchasers of energy company's assets would be bound to pay processor processing and deficiency fees, because the parties lacked the requisite intent for the property to be so bound. Citing Restatement Third of Property: Servitudes § 1.1(1)(a), the court explained that the fact that the gathering agreement noticeably lacked specific language stating its obligations would run with the land, in contrast to a related dedication agreement, indicated that the parties did not intend for the gathering agreement to be a binding covenant passing to successive owners of the property. In re Southland Royalty Company LLC, 623 B.R. 64, 80. D.N.M.Bkrtcy.Ct.2020. Subsec. (1) quot. in sup. Creditors sought relief from the automatic stay in Chapter 7 debtor's bankruptcy case in order to enforce their interests-including a lien and a right of first refusal-in a condominium unit owned by debtor. After an evidentiary hearing, this court granted creditors' motion, holding that the totality of the circumstances established cause for relief from the automatic stay. The court noted that the discharge injunction granted to debtor in her prior bankruptcy case did not prevent creditors from enforcing the lien and right of first refusal, because the injunction arose only with respect to debts that were discharged, and both the lien and the right of first refusal were forms of servitudes or encumbrances that ran with the land and were not discharged in debtor's prior bankruptcy under Restatement Third of Property: Servitudes § 1.1. In re Thorp, 624 B.R. 726, 738. W.Va.2020. Subsec. (1) quot. in sup. Holder of right to repurchase parcel of real property, who formerly also owned an abutting parcel, sued owners of parcel and coal company that obtained the abutting parcel, alleging that defendants slandered plaintiff's title and tortiously interfered with plaintiffs right to repurchase when they failed to notify plaintiff of an option contract for coal company to purchase the parcel. The trial court granted plaintiff's motion for partial summary judgment. This court affirmed, holding that plaintiff retained his right to repurchase, which he obtained through an option contract related to the sales agreement in which he sold his interests in the parcel and the abutting parcel, because his right to repurchase was in gross and transferrable. Citing Restatement Third of Property: Servitudes § 1.1, the court explained that plaintiff's right to repurchase was a servitude that was granted to him by name under the previous sales agreement that did not run with the abutting parcel. McElroy Coal Company v. Dobbs, 853 S.E.2d 620, 626. Wyo.2021. Subsec. (2) cit. in sup. Property owners brought a declaratory-judgment action against neighbors, alleging that they were entitled to exercise fishing rights in a river within defendants' land pursuant to a profit a prendre expressed in plaintiffs' warranty deed. The trial court granted defendants' COPYRIGHT ©2021 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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