Brear v. Fagan

In this appeal, we are asked to decide whether the common-law role, which allowed the identity of those benefited by restrictions on land to be inferred from all the circumstances (see Baker v. Seneca, 329 Mass. 736, 739 [1953]; Snow v. Van Dam, 291 Mass. 477, 481 [1935]), retains vitality in the wake *69of G. L. c. 184, § 27 (a), which provides that the identity of persons or lands benefited by such a restriction must be “stated” in the instrument imposing the restriction. We also consider whether a restriction of a specified duration can be extended beyond its stated term by filing a notice of…