Legal Opinion

Burns v. Beckenhauer

Michigan Supreme Court

Decided December 4, 1962No. Docket 30, Calendar 49,519Published

1Opinion of the CourtDethmers, J.

The parties hereto own and occupy adjacent lake front properties. Their chains of title trace back to common grantors named Edwin and Margaret Bennett, husband and wife. In the Bennett deed given in 1933 to plaintiffs’ predecessor in title there was inserted after the granting clause and before the habendum clause the following language:

“It is expressly agreed that the premises hereby transferred shall be used for private occupancy only; that no buildings to be erected on said lands shall be used otherwise than as a private dwelling house and such outbuildings at the rear of said dwelling as…

2Cases cited3 opinions

  1. Barrie v. SmithMichigan Supreme Court · 1881
  2. Baxter v. OgooshevitzMichigan Supreme Court · 1919
  3. Abraham v. StewartMichigan Supreme Court · 1890

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