Barton v. Slifer
New Jersey Court of Chancery
On bill for injunction. The bill is filed by complainants to restrain defendant from the erection of a building in violation of the following restrictive building covenant: “And also under and subject to the express conditions and restrictions that no building of any description whatever shall at any time be erected within ten feet of the front line of said avenue, nor within four feet of the side lines of said lot (excepting where a party may own two or more contiguous…
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On bill for injunction. The bill is filed by complainants to restrain defendant from the erection of a building in violation of the following restrictive building covenant: “And also under and subject to the express conditions and restrictions that no building of any description whatever shall at any time be erected within ten feet of the front line of said avenue, nor within four feet of the side lines of said lot (excepting where a party may own two or more contiguous lots, then a building may be erected on any part of the lot or lots tlie owner thereof may desire, without regard to the…
1Opinion of the Court
Leaming, Y. C.
When an owner of a tract of land lays it out into streets and lots and adopts a restrictive covenant of the nature of the one now in question with a view to secure the.defined conditions named in the covenant for the benefit of the entire tract which he seeks to develop, and inserts the covenant in all deeds as a part of the defined scheme and as an exaction from all purchasers for the benefit of each purchaser, the equitable right to the enforcement of the covenant enures to each purchaser irrespective of the time of his purchase. Under the conditions named the benefit to be…
2Cited by7 opinions
- Johnson v. RobertsonSupreme Court of Iowa · 1912
- Polhemus v. De LisleNew Jersey Court of Chancery · 1925
- Babcock v. LaidlawNew Jersey Court of Chancery · 1933
- Homann v. TorchinskyNew Jersey Superior Court Appellate Division · 1997
- Blaine v. RitgerNew Jersey Superior Court Appellate Division · 1986
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