Legal Opinion

Bowen v. Smith

New Jersey Court of Chancery

Decided November 20, 1909PublishedCited by 27 opinions

On bill for injunction to enforce restrictive building covenants. Heard on application for a preliminary injunction.

1Opinion of the Court

I/EAMiisre, Y. C.

Tt is settled in this state that when an owner of a tract of land lays it out into streets and lots and adopts a restrictive covenant with reference to the location and use of buildings to be erected on the lots with a view to secure the defined conditions named in the covenant for the benefit of the entire tract which he seeks to develop, and inserts the covenant in all deeds as a part of the defined scheme and as an exaction from all purchasers for the benefit of each purchaser, the equitable right to the enforcement of the covenant enures to each purchaser irre*458speetive of…

2Cited by27 opinions

  1. Schadt v. BrillMichigan Supreme Court · 1913
  2. Ward v. Prospect Manor Corp.Wisconsin Supreme Court · 1926
  3. Stephl v. MooreSupreme Court of Florida · 1927
  4. Johnson v. RobertsonSupreme Court of Iowa · 1912
  5. Spencer v. MaverickCourt of Appeals of Texas · 1941

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