Maddalena v. Brand

The plaintiffs brought an action in the Superior Court seeking to compel the defendants to remove a boathouse allegedly constructed in violation of certain restrictions contained in the deed to the defendants’ nominee. The trial judge found for the plaintiffs, and the defendants appeal from a judgment ordering the removal of the boathouse.

In determining whether the building of a boathouse violates the restrictions, we have to ascertain the intent of the parties in light of the circumstances. Allen v. Massachusetts Bonding & Ins. Co., 248 Mass. 378, 383 (1924). Bessey v. Ollman, 242 Mass. 89,…