Legal Opinion
Sun Valley Beach, Inc. v. Watts
Supreme Court of New Hampshire
Decided January 29, 1954No. 4160PublishedCited by 6 opinions
1Opinion of the CourtDuncan, J.
If there are restrictions against commercial use in force against the lot which the plaintiff has undertaken to sell to the defendants, they constitute an encumbrance upon the title so that the plaintiff could not convey free from all encumbrances as it has agreed to do. Nashua Hospital v. Gage, 85 N. H. 335, 336. It was settled by the Gage case that: “Whenever it appears that the original owner has adopted a general scheme of development, and has inserted in his deeds of lots restrictions intended by him and agreed by the purchasers to be for their reciprocal benefit, an equitable right is…
2Cases cited4 opinions
- Bristol v. WoodwardNew York Court of Appeals · 1929
- Baederwood, Inc. v. MoyerSupreme Court of Pennsylvania · 1952
- Loomis v. CollinsIllinois Supreme Court · 1916
- Lovell v. Columbian National Life InsuranceMassachusetts Supreme Judicial Court · 1936
3Cited by6 opinions
- Traficante v. PopeSupreme Court of New Hampshire · 1975
- Burke v. PierroSupreme Court of New Hampshire · 2009
- Carroll v. SchechterSupreme Court of New Hampshire · 1972
- Hannaford Bros. v. Ames Department Stores, Inc. (In Re Ames Department Stores, Inc.)United States Bankruptcy Court, S.D. New York · 2004
- McInnis v. Town of HamptonSupreme Court of New Hampshire · 1972
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