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Snow v. Van Dam

Supreme Court of Massachusetts

197 N.E. 224 (1935)

Relevant factsFree

A common grantor subdivided a tract and imposed single-residential-house restrictions in the deeds of individually sold lots, including in the deed to Clark for a low-lying, swampy parcel within the subdivision's boundaries that wasn't formally numbered as a lot; Van Dam (defendant) later purchased Clark's parcel subject to those same restrictions but built a commercial retail building there, prompting Snow and other subdivision owners (plaintiffs) to seek an injunction enforcing the residential-use restriction.

IssueFree

Whether property owners may enforce use restrictions imposed by a common grantor's conveyances to third parties when the evidence shows the grantor intended to establish a building scheme.

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