Riverbank Improvement Co. v. Chadwick
Massachusetts Supreme Judicial Court
Petition, filed in the Land Court on January 15, 1916, by the Riverbank Improvement .Company, a corporation organized under the laws of this Commonwealth, under St. 1915, c. 112, as the owner of certain land with the buildings thereon on Commonwealth Avenue in Boston, alleging that the petitioner’s land was encumbered of record by certain restrictions, the enforcement of which would be inequitable and injurious to the public interest, and praying that the petitioner’s land…
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Petition, filed in the Land Court on January 15, 1916, by the Riverbank Improvement .Company, a corporation organized under the laws of this Commonwealth, under St. 1915, c. 112, as the owner of certain land with the buildings thereon on Commonwealth Avenue in Boston, alleging that the petitioner’s land was encumbered of record by certain restrictions, the enforcement of which would be inequitable and injurious to the public interest, and praying that the petitioner’s land might be registered free and clear from such restrictions in accordance with the provisions of the statute. The case was…
1Opinion of the CourtRugg, C. J.
This is a petition under St. 1915, c. 112, for the registration of lands of the petitioner situated in Boston. The general scope of that act, so far as it relates to facts presented on this record, may be stated briefly.
Jurisdiction is conferred by § 1 upon the Land Court to hear and determine in a petition for the registration of land the question “whether or not equitable restrictions arising under contracts, deeds or other instruments, limiting or restricting the use or the manner of using land are enforceable in whole or in part.” It is provided by § 2 that if the Land Court shall find…
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