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Case Citations [1] (Spring 2024)

handle is hein.ali/retprtys0265 and id is 1 raw text is: THE A MERICAN LAW INSTITUTE Spring 2024 Citations PROPERTY 3D (SERVITUDES) CHAPTER 1. DEFINITIONS § 1.1 Servitude Defined; Scope of Restatement Me.2023. Cit. in sup. Owners of an oceanfront property sued neighbors and aquaculture company that planned to bury industrial pipes under intertidal land abutting neighbor's property, alleging, among other things, that plaintiffs owned the intertidal land at issue and that a restrictive covenant in neighbor's chain of title ran with the land and limited neighbors' use of their property to residential purposes only. Following a bench trial, the trial court found in favor of neighbors. This court vacated and remanded, concluding, inter alia, that, under the plain language of the governing deeds, the intertidal land in dispute belonged to plaintiffs and the restrictive covenant ran with the land. Citing Restatement Third of Property: Servitudes § 1.1, the court reasoned that the deed's reference to heirs and assigns reflected an intent to bind the parties' successors and supported the conclusion that the covenant ran with the land. Mabee v. Nordic Aquafarms Inc., 290 A.3d 79, 94. § 1.2 Easement and Profit Defined Colo.App.2023. Subsec. (1) quot. in case quot. in disc. In a dispute arising from an easement in which county granted certain property owners the right to use vehicles on county road during winter in order to plow and access their properties, the trial court denied intervening third party rental-hut operator's motion for summary judgment on its claim for declaratory and injunctive relief, in which operator argued that vehicular traffic on the road had to be either open to all or closed to all. This court affirmed that portion of the decision, holding that the question was moot due to an intervening statutory amendment. In making its decision, the court referred to the definition of an easement contained in Restatement Third of Property: Servitudes § 1.2. San Juan Hut Systems, Inc. v. Board of County Commissioners of the County of Ouray, 529 P.3d 143, 149. Ind.App.2023. Com. (c) quot. in sup. Dominant tenement owner sued servient tenement owner for trespass, alleging that defendant used plaintiff's easement for a private road and right-of-way for ingress and egress from defendant's land-locked property to a county road. The trial court granted plaintiff's motion for preliminary injunction. This court reversed, holding that plaintiff was not entitled to a COPYRIGHT (2024 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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