Chatham Conservation Foundation, Inc. v. Farber

Jonathan and Bonnie Farber (Farbers) appeal from a judgment entered in the Land Court in favor of the Chatham Conservation Foundation, Inc. (Foundation). In 1998, the Foundation sought declaratory and injunctive relief in that court, requesting that it interpret and enforce a conservation restriction (restriction) on three parcels of land in Chatham. The Farbers, successors in interest to the grantors of the restriction and the *585sole parties on appeal,2 argue that inherent in their express right to “pass and repass” along the restricted portion of their property-is the right to replace an…