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Case Citations [1] (Spring 2025)

handle is hein.ali/relwprpty0268 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2025 Citations PROPERTY Generally Fla.App.2023. Cit. generally in ftn. Homeowners' association for a neighborhood and certain association members sued owners of a house in the neighborhood, alleging that owners violated the recorded declaration of covenants and restrictions governing the neighborhood by allowing a caregiver to park on the public street in front of their house on a routine basis. The trial court granted summary judgment for plaintiffs. This court reversed and remanded with instructions to dismiss the action with prejudice, holding that the parking restriction was not a covenant that ran with the land under Restatement First of Property § 530, but rather, a personal promise made by the developer of the neighborhood. The court noted that it relied on principles set forth in the Restatement First of Property to the extent that they were consistent with Florida's common law regarding real property. Huck v. Kenmare Commons Homes Association, Inc., 382 So.3d 759, 764. DIVISION IV. SOCIAL RESTRICTIONS IMPOSED UPON THE CREATION OF PROPERTY INTERESTS PART II. RESTRAINTS ON ALIENATION CHAPTER 30. EXTENT OF VALIDITY TOPIC 1. LEGAL ESTATES § 406. Indefeasible Possessory Estates in Fee Simple Mich.App.2022. Cit. in case quot. in sup. Grantees of a conservation easement on a property consisting of two agricultural parcels of land, which expressly prohibited grantors from dividing the property, brought an action against grantors, seeking declaratory and injunctive relief requiring the property to be returned to single ownership after grantors sold one parcel to a third party. The trial court granted grantees' motion for summary disposition. This court affirmed, holding that the prohibition on division was not an unreasonable restraint on alienation under Restatement First of Property § 406, because COPYRIGHT 02025 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.