Walker v. Gross

The plaintiffs seek a determination, under G. L. c. 240, § 10A, that a deed restriction providing that no part of their premises in Waltham shall be “used for any business purpose” does not prevent the use of their premises for an apartment house. The plaintiffs’ land is subject to a restriction, imposed by a 1947 deed to a predecessor in title, which reads as follows: “The premises are conveyed with the benefit of and subject to any easements of record and subject to a permanent restriction that no part of the premises shall be used for any business purpose except for raising, growing and…