McCain Realty Co. v. Aylesworth
New York Supreme Court
1Opinion of the CourtMichael J. Larkin, J.
A person owning a tract of land and selling a portion thereof may for the benefit of his remaining land and also for the benefit of his grantees impose any restrictions, not against public policy, he sees fit upon the land granted and a court of equity will as a general rule enforce them. (Rowland v. Miller, 139 N. Y. 93, 102; Korn v. Campbell, 192 id. 490, 495; Booth v. Knipe, 225 id. 390, 396; Moore v. Henderson, 99 Misc. 344, 351; affd., 181 App. Div. 942; Bouvier v. Segardi, 112 Misc. 689.)
The covenant is enforcible by the grantor or his assigns in favor of the property benefited and…
2Cases cited14 opinions
- Rowland v. . MillerNew York Court of Appeals · 1893
- Sanborn v. RiceMassachusetts Supreme Judicial Court · 1880
- Zipp v. BarkerAppellate Division of the Supreme Court of the State of New York · 1899
- Zipp v. . BarkerNew York Court of Appeals · 1901
- Levy v. SchreyerAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by1 opinion
- Neilson v. Hiral Realty Corp.New York Supreme Court · 1939