Majestic Oaks Homeowners Ass’n v. Majestic Oaks Farms, Inc.

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The Supreme Court reversed the decision of the court of appeals affirming the trial court’s grant of summary judgment to a subdivision developer (Developer) in this suit filed by the Majestic Oaks Homeowners Association (HOA) to stop Developer’s continued use of a purportedly terminated easement in gross. The HOA claimed that its adoption of an amendment to a declaration of covenants, conditions, and restrictions and the relinquishment by Developer of any ownership rights in the “property” rendered the easement ineffective. The lower courts disagreed with the HOA. The Supreme Court reversed, holding that the defeasible easement principle applied to the easement for ingress and egress retained by Developer to terminate it when a majority of HOA members voted to do so, as allowed by the express terms of Developer’s recorded subdivision plat. View "Majestic Oaks Homeowners Ass’n v. Majestic Oaks Farms, Inc." on Justia Law