Cogliano v. Lyman

This was a suit in the Land Court commenced pursuant to G. L. c. 240, §§ 10A-10C, by the petitioners, owners of land burdened by a restrictive covenant, to be relieved of the restriction in accordance with the provisions of G. L. c. 184, § 30. Named as respondents were the owners of certain abutting land, one of whom was the grantor who imposed the restriction and from whom the petitioners derive their titles. After conducting a trial, without a jury, on pleadings which need not be particularly described, 3 and after taking a view of the locus, a judge of the Land Court entered a final decree…