Skip to content

Property

Easements and covenants

6 case briefs on easements and covenants in Property, each with the citation in the book’s form. All Property briefs

  • Sanborn v. McLean

    Sanborn v. McLean, 206 N.W. 496 (Mich. 1925).

    When a common owner sells lots subject to restrictions for the benefit of retained land, does a reciprocal negative easement attach to the retained lots barring uses forbidden to the sold lots?

    Michigan Supreme Court

  • Neponsit Property Owners' Association v. Emigrant Industrial Savings Bank

    Neponsit Prop. Owners’ Ass’n v. Emigrant Indus. Sav. Bank, 15 N.E.2d 793 (N.Y. 1938).

    Does an affirmative covenant in a deed requiring the grantee to pay an annual assessment for the maintenance of roads, parks, beaches, and sewers touch and concern the burdened land so as to run with the land?

    New York Court of Appeals

  • Holbrook v. Taylor

    Holbrook v. Taylor, 532 S.W.2d 763 (Ky. 1976).

    Did the Taylors acquire a right to use the roadway by prescription, meaning long adverse use, when the use before 1965 was by the Holbrooks' permission?

    Supreme Court of Kentucky

  • Othen v. Rosier

    Othen v. Rosier, 226 S.W.2d 622 (Tex. 1950).

    Did Othen prove an easement of necessity by implied reservation, when the record did not show that the roadway was a necessity, rather than a convenience, when Hill sold the 100 acres in 1896?

    Supreme Court of Texas

  • Willard v. First Church of Christ, Scientist

    Willard v. First Church of Christ, 498 P.2d 987 (Cal. 1972).

    Should California keep the common law rule that a grantor cannot, in deeding land to one person, effectively reserve an interest in the land to a stranger to the title?

    Supreme Court of California

  • El Di, Inc. v. Town of Bethany Beach

    El Di, Inc. v. Town of Bethany Beach, 477 A.2d 1066 (Del. 1984).

    Did conditions in Bethany Beach change so much since the covenants were imposed that a court should refuse to enforce the covenant barring the sale of alcoholic beverages on the Holiday House lot?

    Delaware Supreme Court