Klimas v. Brumbach

The plaintiff sues to impress a lien upon real property which he contracted to buy for the amount that he paid down on the contract and searching fees. The plaintiff claims the title is unmarketable because of an easement and certain encroachments of the building. The contract provided for a deed subject to “ Covenants and restrictions running with the land ” and it would seem that the exception was broad enough to cover the easement in question. Dime Savings Bank v. Butler, 167 App. Div. 257; affd., 215 N. Y. 708.

The encroachments consist of store windows, cellar doors, steps, fire escapes,…