Eagle Enterprises, Inc. v. Gross
Court of Appeals of New York
349 N.E.2d 819 (1976)
Relevant factsFree
A 1951 deed from Orchard Hill Realties to the Baums required the buyers to purchase water from Orchard Hill for six months each year for an annual fee, reciting that the covenant would run with the land; Gross (defendant), a successor owner who had since built his own well, refused to keep buying water, and Eagle Enterprises (plaintiff), Orchard Hill's successor, sued to enforce the covenant.
IssueFree
Whether a covenant is enforceable against subsequent owners merely because the original grantor and grantee intended it to run with the land.