Howland v. Andrus
New Jersey Court of Chancery
Heard on bill, answer, replication and proofs. . Tbis suit is brought to enforce a building line restriction in a suburban residential district of the town of Montclair.
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Heard on bill, answer, replication and proofs. . Tbis suit is brought to enforce a building line restriction in a suburban residential district of the town of Montclair. Joseph Bardsley, the owner of a tract of land tying between Park street on the east and Valley road and Horth View avenue on the west, about nine hundred feet-in length by five hundred feet in width, laid out the land in building lots, with a street called Wildwood avenue, fifty-five feet in width through the middle of the tract from east to west. Tbis avenue was conveyed to the town by Bardsley and his grantees by a deed…
1Opinion of the Court
Emery, V. C.
(after statement of facts and issues).
The covenant on the part of the grantor as to the.restrictions to be inserted in deeds of “adjoining lots” was part of the consideration for the complainant’s deed. The restrictions upon complainant’s lots were imposed by way of benefit to the adjoining lots of the grantor and for the purpose of carrying out a general plan as to lots fronting on Wildwood avenue. They were declared to run with the lands conveyed, and the covenant as to similar restrictions on the adjoining lots was intended to be of the same character as attaching a burden on…
2Cited by7 opinions
- Sanborn v. McLeanMichigan Supreme Court · 1925
- Oliver v. WilliamsMichigan Supreme Court · 1922
- Harp v. ParkerCourt of Appeals of Kentucky (pre-1976) · 1939
- Brown v. LevinSupreme Court of Pennsylvania · 1929
- Basore v. JohnsonMissouri Court of Appeals · 1985
2 more not listed; retrieve them via the Exa API.