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Winecellar Farm, Inc. v. Hibbard
New Hampshire Supreme Court
27 A.3d 777 (2011)
Leo and Eva Bedard owned the Bedard Farm. Craig and Jennifer Rief owned Winecellar Farm, Inc., which was located adjacent to the Bedard Farm. The Riefs were interested in purchasing the Bedard Farm, but the Bedards rejected several offers. The Bedards did agree to a contract giving the Riefs the right to harvest hay on the Bedard Farm every year in exchange for the Riefs maintaining certain accessways and roadways, including snow removal from the driveway. The contract stated that the agreement continued in perpetuity. The trial court determined that the contract constituted an unreasonable restraint on alienability. The Riefs appealed.
Rule of Law
Holding and Reasoning (Lynn, J.)
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