107 N.J. Eq. 224 | N.J. Ct. of Ch. | 1930
The bill prays an injunction against the defendant for an alleged violation of a covenant contained in her deed, whichinter alia provides "that no stable or any outbuildings of any kind shall be erected on said lots." Complainants and defendant are adjoining property owners. Their respective lands are part of a tract comprising four hundred and twenty lots known as "East Orange Park," owned and developed by Philip J. Bowers
Company. Deeds to various grantees of the common grantor contain restrictions pursuant to a general plan adopted for the development and improvement of the tract. All lots similarly located were treated alike. The erection of garages on inside lots was permitted. No provision was made for the erection of garages on corner lots. Deeds for corner lots contained the restriction sub judice. A neighborhood or community scheme was ostensibly contemplated. The erection of a dwelling house only on corner lots was planned. Where, as in the case sub judice, the restrictions *226
are based upon a uniform scheme they will be enforced in equity. In Dettsloff v. Hockstetter,
I will advise a decree for the complainants. *229