Nature Conservancy v. Congel
Appellate Division of the Supreme Court of New York
689 N.Y.S.2d 317
Relevant factsFree
A deed conveying quarry buffer land contained a restrictive covenant requiring the land to remain in its natural state, expressly for the benefit of adjacent property owners and enforceable by the Nature Conservancy. Congel later purchased part of the buffer land subject to matters of record and intended to develop it and erect a fence; the trial court held adjacent owners could not enforce the covenant absent privity with the original grantor.
IssueFree
Whether a third-party beneficiary of a restrictive covenant may enforce the covenant.