Donahoe v. Marston

OPINION

OGG, Judge.

This appeal concerns the validity of certain deed restrictions imposed on property owned by both plaintiffs/appellants and defendants/appellees.

In 1948 the original grantor of the 80 acre parcel of land in question executed a declaration of restrictions to apply to the entire parcel with the exception of the east 165 feet of the north one-half of the property. The restrictions provided, in part:

(I) No portion of the above-described land containing less than five (5) acres in area, less portions thereof for road purposes or rights of way, shall ever be sold, conveyed or…