Ashley v. Kehew

OPINION

Justice FLAHERTY,

for the Court.

The central issue before the Court in this appeal is whether restrictive covenants, which are set forth in instruments of conveyance, and which prohibit a further subdivision of two lots in the Town of Portsmouth, remain enforceable. A Superior Court justice ruled that the restrictions no longer were enforceable because all parties had agreed to release them. The owners of one of the two lots in the subdivision appealed. We vacate the judgment.

I

Facts and Travel

In 1982, Lucille Ashley deeded lot No. 20 on Assessor’s Plat No. 64 in Portsmouth to her…