EASEMENT: Evidence established that prescriptive easement was acquired by 1959, current residential use did not exceed original scope… Dayton affirmed (IOR I-3(c)). [Read more…]
Conservation restrictions, easement in gross
CONSERVATION RESTRICTIONS in deed created easement in gross enforceable against successor grantee, rule against perpetuities not violated… Menahan affirmed. [Read more…]
Lease, holdover lessees of take-out land
LEASE: Lessees of land on which take-out sat were holdovers after expiration of lease, option to purchase the land was not a term of the tenancy, did not extend through holdover tenancy, suit to enforce purchase option accrued upon termination of lease, not upon repudiation of option, barred by 8-year [Read more…]
Debt collection, “one action rule”
DEBT COLLECTION: Secured note improperly foreclosed without compliance with “one action rule”… summary judgment foreclosure of unsecured note failed to state exact amount… McCarter reversed. [Read more…]
Property, lake parking/docking easement
PROPERTY: Purported easement on lots to access parking/boat docking too vague to be enforced against assigns… not necessary to consider laches, statute of limitations as to 33 years between Declaration and formation of homeowners association… Honzel affirmed. [Read more…]