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

handle is hein.ali/resdplltnt0037 and id is 1 raw text is: PROPERTY 2D: LANDLORD AND TENANT Generally N.D.Tex.2020. Cit. generally in disc. Landowner sued lessee of oil-and-gas interests on landowner's property, seeking a preliminary injunction to enjoin defendant from selling its interests in the lease to third-party purchaser through its power under the parties' lease agreement to reasonably withhold consent to sale of the interests. This court denied plaintiff's motion for a preliminary injunction, holding, as a matter of first impression, that plaintiff unreasonably withheld its consent to the sale of the interests. The court noted that Texas law relied on theories set forth in the Restatement of Property, the Restatement Second of Property: Landlord & Tenant, and the Restatement Third of Property: Servitudes when construing oil-and-gas leases. Mayo Foundation for Medical Education and Research v. BP America Production Company, 447 F.Supp.3d 522, 529, 530. Or.App.2020. Cit. generally in disc. Landowners sued neighbors, alleging that defendants trespassed onto plaintiffs' property, because an easement stipulated in a declaration encompassing the parties' properties and in a deed conveying ownership of the properties from a corporation to the parties' predecessor-in-interest was invalid. The trial court granted defendants' motion for summary judgment and entered a limited judgment in favor of defendants. This court reversed and remanded, holding, inter alia, that no valid easement burdening plaintiffs' property existed, because the parties' properties were owned as a single unit at the time the easement was purportedly created. The court noted that it was appropriate to give weight to the Restatement Third of Property: Servitudes in analyzing the purported easement, because Oregon frequently looked to the Restatement Second of Torts, the Restatement Second of Property: Landlord & Tenant, and the Restatement of Property as shorthand expressions of the court's view on the relevant subject matter. Partney v. Russell, 469 P.3d 756, 765. PART II. TENANT'S RIGHTS CHAPTER 5. CONDITION OF LEASED PROPERTY PREVENTS CONTEMPLATED USE § 5.1 Condition Unsuitable on Date the Lease Is Made-Remedies Before Entry Wash.2020. Com. (b) quot. in sup. Guest who fell from the second-story balcony of tenant's apartment and was injured sued landlord, alleging that its failure to repair the decayed balcony railing caused her fall and violated its duty to tenants and their guests under the common law and the Residential Landlord- Tenant Act (RLTA). The trial court entered judgment on a jury verdict finding landlord 93% at fault for guest's injuries. The court of appeals reversed and remanded for a new trial. This court reversed and reinstated the jury's verdict in favor of guest, holding that, while the trial court erred in allowing guest's claim under the RLTA, the jury's verdict remained valid as to her common-law claim. The court cited Restatement Second of Property: Landlord & Tenant § 5.1 in noting that, although Washington landlord-tenant law previously embraced the doctrine of caveat emptor, that doctrine was formulated when the economy was primarily agrarian and had little relevance to the modern-day realities of renting premises. Gerlach v. Cove Apartments, LLC, 471 P.3d 181, 191, 192. 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.