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Case Citations [i] (Spring 2026)

handle is hein.ali/retprtys0269 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2026 Citations PROPERTY 3D (SERVITUDES) Generally Colo.App.2024. Cit. generally in sup. Buyers of lots in a residential subdivision that was subject to a recorded plat and planned unit development designation sued developer and homeowners association, which was created after buyers purchased their lots, alleging, among other things, that the plat and designation did not constitute a declaration that created a common-interest community before the enactment of the Colorado Common Interest Ownership Act. The trial court granted partial summary judgment for buyers. This court affirmed, holding that the plat and designation did not create a common- interest community that was binding on buyers, because they did not burden the lots with a servitude that imposed an obligation to pay for or maintain common property or pay assessments to an association. The court noted that it relied in part on Restatement Third of Property: Servitudes because there was no controlling case law that explicitly set forth the standard for creating a common-law common-interest community in Colorado before the Act was enacted. Frisco Lot 3 LLC v. Giberson Limited Partnership, LLLP, 564 P.3d 1061, 1066. Tex.App.2024. Cit. generally in case cit. in sup. Non-waterfront property owner filed a petition seeking to establish a prescriptive easement on properties owned by its neighbors for purposes of constructing, anchoring, and maintaining a boat dock on the lake. The trial court granted partial summary judgment to neighbors, finding that the easement in owner's deed only provided for ingress and egress to the waterfront and for the recreational use of the lake at the shoreline. This court affirmed in part, holding that the express terms of the easement did not include the right to construct a boat dock, boat ramp, or a road on neighbors' properties. Relying on the Restatement Third of Property: Servitudes' distinction between easements and possessory land interests, the court explained that permitting owner the right to construct a road or a boat dock, when the easement did not delineate that purpose, would permanently alter the natural landscape and expand the rights in the easement to possessory rather than non- possessory rights. Uptown Cars, Inc. v. Newcastle Management Trust, 715 S.W.3d 825, 837. CHAPTER 1. DEFINITIONS COPYRIGHT C2026 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.