Garland v. Rosenshein
Massachusetts Supreme Judicial Court
649 N.E.2d 756 (1995)
Relevant factsFree
After failing to buy the adjacent parcel from Willowdale Realty, Rosenshein (defendant) sold his own tract to North Shore subject to a restriction barring development of the tract jointly with the adjacent parcel — a restriction Rosenshein could later be paid to release. The tract passed through additional owners subject to the restriction, eventually reaching Garland (plaintiff), who sued for a declaration that the restriction was invalid and unenforceable against him. The land court ruled for Garland, and Rosenshein appealed.
IssueFree
Whether a covenant that provides only a personal benefit to the party imposing it, without benefiting the subject land itself, runs with the land.