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Shaff v. Leyland
New Hampshire Supreme Court
914 A.2d 1240 (2006)
- Written by Eric Cervone, LLM
Facts
Edith Leyland (defendant) owned 75 acres of land. Leyland began selling the land to different purchasers, including Margaret Shaff (plaintiff). The conveyances included a restrictive covenant that grantees could only build colonial-type residences on the land. This restrictive covenant expressly stated that it would run with the land. Leyland eventually sold all 75 acres, and she did not own any land near the 75 acres. Shaff sought a declaratory judgment that Leyland could not enforce the covenant, because Leyland no longer owned the land that benefited from the covenant. The lower court ruled in favor of Shaff. Leyland appealed.
Rule of Law
Issue
Holding and Reasoning (Hicks, J.)
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