Guillette v. Daly Dry Wall, Inc.
Massachusetts Supreme Judicial Court
325 N.E.2d 572 (1975)
Gilmore subdivided his land into lots and recorded residential-use-only restrictions in most of the deeds he conveyed, including the Guillettes' (plaintiffs) 1968 deed, which also stated the same restrictions applied to all of Gilmore's other retained lots. Daly Dry Wall (defendant) bought a different lot from Gilmore in 1972, but its own deed made no mention of any use restriction, and Daly began planning a 36-unit apartment complex; the Guillettes and other lot owners sued to enjoin the construction, and the trial court ruled for them.
Whether a buyer of land can be bound by a common grantor's recorded use restriction even though its own deed does not mention that restriction and it had no actual knowledge of it.