Shaff v. Leyland
Supreme Court of New Hampshire
914 A.2d 1240 (2006)
Relevant factsFree
Edith Leyland (defendant), who owned 75 acres, sold parcels to various purchasers including Margaret Shaff (plaintiff) under deeds containing a restrictive covenant limiting construction to colonial-style residences and expressly stating the covenant would run with the land; after Leyland sold all 75 acres and no longer owned any nearby land, Shaff sued for a declaration that Leyland could no longer enforce the covenant, and the trial court agreed; Leyland appealed.
IssueFree
Whether a former landowner has standing to enforce an appurtenant covenant if the former landowner no longer owns the land that benefits from the covenant.