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Case Citations [i] (July 2016 through April 2017)

handle is hein.ali/retprtys0252 and id is 1 raw text is: PROPERTY 3D: SERVITUDES Generally S.D.N.Y.Bkrtcy.Ct.2016. Cit. generally in disc. In Chapter 11 debtor/energy company's adversary proceeding against entities that had entered into contracts with debtor relating to the gathering, handling, and disposal of oil, gas, and water from debtor's wells, this court held that certain covenants contained in the contracts did not run with the land either as real covenants or as equitable servitudes under Texas law. In making its decision, the court noted that acceptance of some of the newer propositions set forth in the Restatement Third of Property: Servitudes had not been universal. In re Sabine Oil & Gas Corporation, 550 B.R. 59, 79.0 S.D.N.Y.Bkrtcy.Ct.2016. Cit. generally in disc. Chapter 11 debtor moved to reject certain executory fuel-gathering agreements; parties to the agreements objected, claiming, inter alia, that debtor's obligations under the agreements ran with the land upon which the fuel-gathering activities occurred. This court granted debtor's motion to reject the executory contracts as a reasonable exercise of debtor's business judgment, holding that, in a summary proceeding such as this, it could not rule on the substantive issue of whether the covenants at issue ran with the land. The court cited the Restatement Third of Property: Servitudes in noting that the American Law Institute has pursued clarification of the unspeakable quagmire of the law of covenants. In re Sabine Oil & Gas Corporation, 547 B.R. 66, 75. Introduction Va.2016. Intro. quot. in disc. Buyers who had purchased a house in a residential development in 2006 filed a declaratory-judgment action against homeowners association for the development in which the house was located, alleging that association's 2008 amendment of the development's declaration of covenants and restrictions unlawfully deprived them of their preexisting right to rent the house. The trial court granted association's special plea in bar and dismissed the case as untimely. Reversing and remanding, this court held that the amendment never became effective for purposes of triggering the statutory limitations period, because association's certification of amendment stated that the amendment had been approved rather than signed by the requisite number of association members, and thus did not technically comply with the statute. In making its decision, the court noted that, under the Restatement Third of Property: Servitudes, easement, covenants, and servitudes were treated as part of an integrated body of doctrine. Tvardek v. Powhatan Village Homeowners Ass'n, Inc., 784 S.E.2d 280, 282. CHAPTER 1. DEFINITIONS § 1.1 Servitude Defined; Scope of Restatement A L For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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