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Case Citations [1] (July 2021 - April 2022)

handle is hein.ali/retprtys0262 and id is 1 raw text is: PROPERTY 3D: SERVITUDES CHAPTER 1. DEFINITIONS § 1.1 Servitude Defined; Scope of Restatement Pa.2021. Cit. in sup. In a dispute between owners of adjacent commercial properties that were formerly under common ownership, plaintiff filed an action for declaratory judgment and to quiet title against defendant, seeking to resolve the issue of whether a lease restriction between defendant's predecessor's tenant and its subtenant applied to plaintiff's property under a non-disturbance and attornment agreement that defendant's predecessor entered into with the subtenant before the parties' properties were divided. After a bench trial, the trial court found that defendant's predecessor did not agree to a restrictive covenant that would encumber plaintiff's property. This court affirmed, holding that the agreement did not create a restrictive covenant under Restatement Third of Property: Servitudes § 1.1. The court reasoned that the agreement did not explicitly create a restrictive covenant and there was no indication that defendant intended to create a restrictive covenant. Market Square Properties Development, LLC v. TGRG, LLP, 257 A.3d 716, 720. Tenn.2021. Subsec. (1) and com. (a) quot. in sup.; coms. (b) and (d) cit. in sup. Landowners sued neighbor, alleging that restrictive covenants, created by the developers who originally subdivided the land encompassing the parties' properties, precluded defendant from operating a business on his premises. The trial court entered judgment for plaintiffs. The court of appeals affirmed. This court reversed, holding, inter alia, that the developers lacked the authority to effectively create the restrictive covenants, because they no longer owned the land at the time they recorded the covenants. The court relied on Restatement Third of Property: Servitudes § 1.1 in defining restrictive covenants as devices that could become servitudes if they were effectively created and ran with the land. Phillips v. Hatfield, 624 S.W.3d 464, 473. Tex.App.2020. Subsec. (1) cit. in case cit. in sup. Owners of mineral interests in real property sued, among others, owner of surface rights and lessee of surface estate, alleging that defendants' development of the surface property as a solar farm impaired plaintiffs' rights to access and develop mineral interests under the surface. The trial court granted defendants' motion for partial summary judgment. This court reversed in part and remanded on other grounds, holding that the accommodation doctrine applied such that plaintiffs' mineral interests could not bar defendants' development of the surface, so long as plaintiffs had a reasonable alternative to pursue development of the minerals. Citing Restatement Third of Property: Servitudes § 1.1(1), the court noted that, while plaintiffs' mineral interests were dominant over defendants' surface interests, plaintiffs' interests were not absolute. Lyle v. Midway Solar, LLC, 618 S.W.3d 857, 868. § 1.2 Easement and Profit Defined U.S.2021. Subsec. (3) quot. in diss. op. Growers of strawberries and table grapes sued members of state's agricultural labor relations board in their official capacity, alleging that a regulation promulgated COPYRIGHT ©2022 By THE AMERICAN LAW INSTITUTE All rights reserved A--1 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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