...void. We therefore reverse the Court of Appeals. II. A preemptive right "requires that, before the property conveyed may be sold to another party, it must first be offered to the conveyor or his heirs, or to some specially designated person." 6 American Law of Property 26.64 at 506-07 (1952). See also Restatement of...desirability of facilitating the utilization of wealth, 4 Restatement of the Law of Property, Introductory Note to Part II at p. 2379 (1944), the policy absolutely favoring alienability has always conflicted..., Real Estate Law in North Carolina 344 at 432 (1971). Faced with this tension, the law has evolved in such a way that some direct restraints on alienation are permissible where the goal justifies the limit on the freedom to alienate, 4 Restatement of the Law of Property, Introductory...

.... 1204, and we now hold, that "Under the law applicable in the District of Columbia, the forfeiture provision contained in the will was valid and the filing of the caveat worked a forfeiture of the interest of the devisee filing it, irrespective of the question of good faith or probable cause for the litigation." Cf. Am. Law Institute, Restatement of the Law of Property, § 428, including Introductory Note. Affirmed. .... PER CURIAM. A second codicil to the will of Rachel R. Bond provided that "In the event that any provision of my...last will and testament, first codicil and this codicil, is contested by any of the parties mentioned therein or herein, the portion or portions of the estate to which such party or parties would be...

.... Powell, Powell on Real Property ¶¶ 410-11 (abr. ed. 1968). See also II American Law of Property §§ 8.31-43 (A. Casner ed. 1952); Restatement of the Law of Property §§ 474-76 (1944...of the Law of Property § 450 (1944). The record shows conclusively that the Helmses possessed no such easement. There are several ways by which an easement may be acquired. These...under any circumstance. The only possible theory upon which they would be entitled to restrain an adjoining landowner from preventing the cutting of trees from the landowner's own property would be that...

...been accepted elsewhere as well. See Restatement of the Law of Property, Second (Tent. draft No. 1, March 23, 1973) § 5.4, page 213. Admittedly the..., 471 Mass. 293 N.E.2d 831 (1973); Restatement of the Law of Property, Second, (Tent. draft No. 1, March 23, 1973) supra, ch. 5...Boston Housing Authority v. Hemingway, supra, as are the somewhat similar Housing Regulations of the District of Columbia in Javins v. First National Realty Corporation, supra. See also Comment: The Pennsylvania Project — A Practical Analysis of the Pennsylvania Rent Withholding Act, 17 Vill. L. Rev. 821 (1972) as well as Statutory Note, Restatement of the Law of Property, Second...

.... To burden lands with personal covenants would be to hamper and impede real estate transactions to the detriment of owners, purchasers and agents. In the Restatement of the Law of Property, the...of the transaction of which the promise is a part will operate to benefit and is for the benefit of the promisor in the physical use or enjoyment of land possessed by him, and the burden on the land of the promisor bears a reasonable relation to the benefit received by the person benefited.' 5 Restatement of the Law of Property § 537...from being on the whole a deterrent to land use and development, the running of the promise by which it was created is not permitted.' 5 Restatement of the Law of Property, p. 3219...

...homeowners' rights, which were revocable upon an affirmative vote of two-thirds of the homeowners, were not easements appurtenant, as the trial court found, but rather licenses, which generally do not diminish the fair market value of real estate. [1-4] An easement is a nonpossessory interest in realty which can only be created by prescription, written conveyance, or implication. RESTATEMENT OF THE LAW OF PROPERTY 450...). Although it may be released or abandoned by the owner of the dominant estate, 3 R. POWELL, supra 421, at 34-237, the easement appurtenant is not terminable at the will of the owner of the servient estate. RESTATEMENT OF THE LAW OF PROPERTY 450...land." See Houston v. Laffee, 46 N.H. 505, 507 (1866); 2 G. THOMPSON, REAL PROPERTY 316, at 17 (1980); 3 H. TIFFANY, THE LAW OF REAL PROPERTY 829, at 401 n. 2 (3d ed. 1939). But see RESTATEMENT OF...

...transportation purposes. The condemnor's position in this case is also contrary to law. "An easement is an interest which one person has in the land of another." Restatement of the Law of Property (1944...). "An easement is extinguished by a taking by eminent domain of the servient tenement, or of an interest therein, to the extent to which the taking permits a use inconsistent with the continuance of the use authorized by the easement." Restatement of the Law of Property, p...domain, the owner of the easement is entitled to compensation measured by the value of the easement." Restatement of the Law of Property, p. 3095, § 508. The City correctly cites...

...Restatement (Third) of the Law of Property §§ 2.11-2.15 (1998); 28A C.J.S. Easements § 92 (1996 and Supp. 2001); Albert G. Hoyem Trust...owner, but less than a total inability to enjoy the property absent the use. Bob's Ready to Wear, Inc., 569 S.W.2d at 719 (citing Knight v. Shell, 313 Ky. 852, 233 S.W.2d 973 (1950)); 5 Restatement of the Law of...Property § 476 (1944). See also Sievers v. Flynn, 305 Ky. 325, 204 S.W.2d 364 (1947). Knight, 233 S.W.2d at 975; Restatement of the Law of...

...intention. Restatement of the Law of Property § 404; Sabins v. McAllister, 116 Vt. 302, 76 A.2d...106. Appellants suggest that the present use of the alleys by heavy trucks is a materially increased use. But it does not appear that the additional burden on appellants' land, if any, is so great as to be unreasonable in the circumstances. Restatement of the Law of Property § 479..., Law of Real Property, 3d ed., § 817. But the evidence would hardly have supported and certainly did not require an inference that the claimed rights of way were limited in purpose to use in...

..., not certain to occur, is a fee simple determinable. Restatement of Property § 44 at 121 (1936). In Williams v. Watt, 668 P.2d 620, 627 (Wyo. 1983), we said: The existence of an estate in fee simple determinable requires the presence of special limitations. Restatement of the Law of...Property, § 44, p. 121. The term `special limitation' denotes that part of the language of a conveyance which causes the created interest automatically to expire upon the occurrence of the stated event. Restatement of the Law of...Property, § 23, p. 55. An estate in fee simple determinable may be created so as to be defeasible upon the occurrence of an event which is not certain ever to occur. Restatement of the Law of...

..., section 128; 28 C.J.S., Easements, section 30; Restatement of the Law of Property, Servitudes, section 474. It is recognized by this...later transfers one parcel without specific grant or reservation of the easement in the conveyance." Restatement of the Law of Property, Servitudes, section 476 (Comment) states...withheld $2500 of the purchase price pending determination of the existence of an easement. In Restatement of the Law of Property, Servitudes, section 476 (Comment) page 2978, it is...

..., 74 S.E. 378; 17 Am. Jur. 627, Easements, Sec. 12; A.L.I. Restatement of the Law of Property, Servitudes, Sec. 489, p. 3040...Property, Vol. III, Section 419, at page 478, we find the following: "The Restatement of the Law of Property has devoted eight Sections to the problems of the transferability of...growing recognition of the assignability of all easements in gross except those demonstrably intended to benefit only the individual who is its first recipient." Property interests are, in general, alienable. What is true of property interests generally is true of easements in gross of a commercial character. American Law Institute, Restatement, Property...

...death intestate. See Restatement of the Law of Property § 312, Comment f; American Law of Property, Vol. 1, p. 486, § 4.43. In Porter v. Cutler, 380 Ill..., Whitten, Harrell Wilcox, Abilene, for Norman L. Finley. PER CURIAM. The Court of...Civil Appeals held that the rule in Shelley's case is applicable to the will of Ella S. Finley but not to the will of E. L. Finley. 318 S.W.2d 478. We agree with both holdings and...

...articulated in the RESTATEMENT OF THE LAW OF PROPERTY § 489 (1944), "Easements in gross, if of a commercial character, are alienable property interests." I agree with the district court that this...upon the heirs, executors and assigns of the parties hereto." I quote only in part from the Comment to this section of the RESTATEMENT OF THE LAW OF PROPERTY. There, it is...divestment if and when the property passes to the holder of a future interest); Newhoff v. Mayo, 48 N.J. Eq. 619, 23 A. 265, 267 (1891) (noting that when the...

.... The doctrine of implied easements is based upon the principle that, in the absence of an expressed contrary agreement, a conveyance imparts a grant of property with all the benefits and burdens which existed at time of sale, and it is designed to give effect to the actual intent of the parties as shown by the facts and circumstances of a particular case. ( Feitler v. Dobbins, 263 Ill. 78; 17 A Am. Jur., Easements, sec. 37; Restatement of the Law of...involved, but refers rather to a use which is either known or could have been discovered upon reasonable inspection. 28 C.J.S., Easements, sec. 33; 17A Am. Jur., Easements, sec. 95, Restatement of the Law of Property, § 476...belonged solely to the Collins property. Shortly thereafter defendants disconnected Frantz's water pipe and capped the arm of the "T" plug to which it had formerly been attached. The present...

...application of the rule propounded in Barker to easements. Although the deed is rather poorly drafted, the drafters often failing to distinguish "Grantor" and "Center Company" from "Sedgwick House," the intentions of the parties are patently evident. Denying Sedgwick House an easement would serve only to frustrate those intentions. The Restatement of the Law of Property has...reservation is, in terms, made. 5 RESTATEMENT OF THE LAW OF PROPERTY § 472...do in two. We find the logic of the Restatement's position persuasive. Under these particular facts, we prefer to look at the substance of the deed and not merely the form, and we choose to adopt the policy propounded by the Restatement of the Law of Property. Turning...

...the property constituted a cloud on the title, nevertheless his parents were the ones personally liable to pay that obligation. Restatement of the Law of Property, Section 149, page 488. We therefore...; 33 Am.Jur., pages 999, 1000; 31 C.J.S., Estates, §§ 34, 35, pages 43, 44, 45; Restatement of the Law of Property, Section 150, page 493. As to the appellants' contention that the...interest in this property under the will of their mother, but the law is well established and accomplishes just results in the vast majority of cases. The judgment is affirmed. ...

...unreasonably to interfere with the right of passage, when they are necessary for the preservation and proper and efficient use of the lands constituting the servient estate. 28 C.J.S. 781, Easements, 98(b); 25 Am.Jur.2d 497, 91. See Hockersmith v. Glidewell, (Ark. unreported) 153 S.W. 252; Restatement of the Law of Property, Servitudes..., 420 S.W.2d 839. We there noted important considerations to be weighed in determining the extent of the easement and the right of the servient owner to place gates across the way. For example, we referred to comments by the authors of Restatement of the Law Property-Servitudes...; 25 Am.Jur. 496, 498, Easements and Licenses 89, 91. Pertinent factors to be considered include the terms of the grant, the intention of the parties as reflected by the circumstances, the nature and situation of the property and the manner in which it has been used and occupied before and after the grant and location of gates. See Annot. 73 A.L.R. 778, 25 Am.Jur. 497, Easements and Licenses, 91; 28 C.J.S. 781, Easements 98; Restatement of the Law of...

...property conveyed or devised to the 'children' of the adoptive parent unless a contrary intent is disclosed by additional language or circumstances. See Huxley v. Security Trust Co., 27 Del. Ch. 206, 33 A.2d 679; Peck v. Green, 266 Ala. 321, 96 So.2d 169; In re Chapple's Estate, 338 Mich. 246, 61 N.W.2d 37; Restatement of the Law of Property § 287..., 203 Miss. 125, 33 So.2d 313, 832. Where the children of the conveyor, settlor, or testator are designated as the class to whom the property will pass, there is authority for presuming an intention to include within the designation any person theretofore or thereafter adopted. See Restatement of the Law of...parties declared that in the event John Clark Cutrer died before the date of final disbursement, his share of the trust estate would belong to the 'heirs of his body.' Here the intention to exclude adopted children is quite plain, because the quoted expression ordinarily embraces only lineal blood descendants of the designated person. See Restatement of the Law of Property § 306...

...that the Wyoming statute (n. 2, supra) which adopts the rule against perpetuities would be violated under this concept. Justice Thomas objects to the majority position because he finds the law to be that there can be no remainder after an estate in fee simple determinable, which estate we all hold to be the interest which the Land Bank possessed in the disputed minerals prior to the expiration of the condition. Restatement of the Law of Property, § 156...Bank. There is no doubt but that such an exception as that contained in the Land Bank's deed is acceptable to real property and to mineral and oil and gas law. The estate structured by such an exception is a base or determinable fee which is defeasible at the end of the base term or — in the event production is attained — when production ceases. The Restatement of the Law of Property calls...an "estate in fee simple determinable." Restatement of the Law of Property § 44, p. 121. "* * * [A] `determinable,' `qualified,' or `base' fee...