Joslin v. Pine River Development Corp.
Supreme Court of New Hampshire
367 A.2d 599 (1976)
Pine River (defendant) bought land adjacent to a lakefront subdivision, divided it into 161 new lots, and also purchased one lakefront lot within the original subdivision, dedicating it for common use by property owners in its new development. Joslin (plaintiff) sued to enjoin Pine River from using that subdivision lot for lake access, arguing the use violated the subdivision's existing deed restrictions, which limited the types of improvements that could be built on subdivision lots. The trial court agreed and enjoined Pine River's use of the lot for common lake access, and Pine River appealed.
Whether, under New Hampshire law, restrictive covenants will be construed to fulfill the intent of the parties rather than strictly construed to minimize limitations on land use.