McCurdy v. Standard Realty Corporation

Opinion op the Court by

Stanley, Commissioner

Affirming.

The case involves an .implied restrictive agreement concerning the nse of real property, or, as it has been called a reciprocal negative easement. It is a covenant which equity raises and fastens upon the title of a lot or lots carved out of a tract that will prevent their use in a manner detrimental to the enjoyment and value of neighboring lots sold with express restrictions in their conveyance. The question is brought to us by an appeal from a judgment sustaining a demurrer to and dismissing an intervening petition. The primary case was…