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Case Citations [i] (Fall 2025)

handle is hein.ali/retprtys0268 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2025 Citations PROPERTY 3D (SERVITUDES) CHAPTER 1. DEFINITIONS § 1.1 Servitude Defined; Scope of Restatement Tex.2024. Subsec. (3) and com. (e) cit. in case quot. in sup. Association for a residential subdivision that included a golf course sued owner of the property on which the golf course was located, seeking a declaration that the property was encumbered by an implied reciprocal negative easement restricting it to be used solely as a golf course. The trial court granted summary judgment for owner, and the court of appeals affirmed. This court affirmed, holding that the implied reciprocal negative easement doctrine did not apply to require that the golf-course property be restricted to recreational use in perpetuity. The court noted that there was no restrictive covenant that ran with the land, otherwise known as a servitude under Restatement Third of Property: Servitudes § 1.1, that required the property to be used for a golf course, country club, or recreational area. River Plantation Community Improvement Association v. River Plantation Properties, LLC, 698 S.W.3d 226, 231. § 1.2 Easement and Profit Defined Ariz.2025. Com. (h) quot. in ftn. State filed a condemnation action to acquire the common areas of a master-planned community to construct a freeway. The trial court granted partial summary judgment for homeowners' association that owned the common areas, permitting it to pursue damages for the reduction in the home values due to the freeway's proximity. The court of appeals reversed and remanded, finding that severance damages were available only when the condemned property was a physical parcel of land. This court vacated and affirmed the trial court's judgment, holding that appurtenant easements could form part of a larger parcel of land such that homeowners could be entitled to severance damages. The court noted that the community's declaration of covenants granted each homeowner negative easements, also known as restrictive covenants under Restatement Third of Property: Servitudes § 1.2, in the common areas, and these easements passed with the titles to the homeowners' properties such that they were considered appurtenant to those properties. State v. Foothills Reserve Master Owners Association, Inc., 562 P.3d 866, 869. COPYRIGHT C2025 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.