Bortolotti v. Hayden

In a deed recorded in 1981 at the Barnstable County registry of deeds, executors under the will of the defendant’s father, Robert F. Hayden,2 conveyed a parcel of *194subdivided land situated “in Barnstable (Cotuit)” to Albert Mattson. A restriction in the deed reserved to the grantor’s heirs, executors, administrators, and assigns, a preemptive right to purchase the property on the same terms and conditions contained in any bona fide offer received by, and acceptable to, the grantee, his heirs, executors, administrators, and assigns. The restrictive covenant, which we shall refer to as the right…