Northwest Real Estate Co. v. Serio

A deed in fee simple for a lot of ground contained, in addition to various building and use restrictions, a provision that the land should not be subsequently sold or rented, prior to a designated date, without the consent of the grantor. The decisive question in this case is whether the restraint thus sought to be imposed upon the alienation of the property is void as being repugnant to the granted estate.

The covenant to be considered.is in the habendum clause of a deed dated August 19th, 1927, from the Northwest Eeal Estate Company to Carl M. Einbrod and wife, conveying a building lot in…