McDermott v. Wilson

The Chancellor:

The defendant acquired title to a lot of land located in Rehoboth Beach, a part of block thirty-four. The defendant’s deed contains certain restrictions. The material restriction for the purposes of this case is as follows:

“No building as permanent structure, exclusive of porches, shall be erected within twenty feet of the front line of- any lot * * * in the said block numbered thirty-four.”

It is alleged by the bill and denied by the answer that the defendant has violated the restriction by erecting a permanent structure which extends into the restricted area. The building…