Lobato v. Taylor’s Empirical Analysis
2002
Citation profile
2 federal appellate · 1 district · 26 state decisions
How this case has been cited
Cited by 30 later decisions — most recently June 2021 · most notably Archer v. Farmer Bros. Co. (2004), East Ridge of Fort Collins, LLC v. Larimer & Weld Irrigation Co. (2005)
2 federal appellate · 1 district · 26 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on BFP v. Resolution Trust Corporation · American Land Co. v. Zeiss · Wagner v. Fairlamb · Lazy Dog Ranch v. Telluray Ranch Corp. · Martinez v. Mundy
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“1) [T]he owner of the servient estate “permitted another to use that land under circumstances in which it was reasonable to foresee that the user would substantially change position believing that the permission would not be revoked,” 2) the user substantially changed position in reasonable reliance on that belief, and 3) injustice can be avoided only by establishment of a servitude. Whether reliance is justified depends upon the nature of the transaction, including the sophistication of the parties.”
3 later decisions quote this exact passage · from the majority“[Gilpin agrees to thel express condition that the settlement rights before then conceded by said Charles Beaubien to residents of Costilla, Culebra & Trinchera, within said Tract included, shall be confirmed by the said William Gilpin as confirmed by him.”
1 later decision quote this exact passage · from the majoritye.g. Lobato v. Taylor“Subordination requires that the user act with authorization, express or implied, from the landowner, or under a claim that is derivative from the landowner's title.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.