Winecellar Farm, Inc. v. Hibbard
New Hampshire Supreme Court
27 A.3d 777 (2011)
Relevant factsFree
Leo and Eva Bedard owned the Bedard Farm; Craig and Jennifer Rief owned the adjacent Winecellar Farm, Inc. The Riefs wanted to buy the Bedard Farm, but the Bedards refused. Instead, the parties signed a contract giving the Riefs the right to harvest hay on the Bedard Farm every year in perpetuity in exchange for maintaining accessways and roadways, including snow removal. The trial court found the contract an unreasonable restraint on alienability, and the Riefs appealed.
IssueFree
Whether a perpetual leasehold is enforceable only where the intended restraint is reasonable in view of the justifiable interests of the parties.