189 Mass. 110 | Mass. | 1905
The plaintiff owns a house and lot in Winthrop and the defendant owns an adjoining lot. This is a bill in equity to prevent the defendant from erecting a private stable upon her lot. The plaintiff and the defendant both bought from the Winthrop Shore Land Company, a voluntary association operating under a deed of trust to develop and sell an extensive tract of land in Winthrop. The plaintiff relies upon certain restrictions inserted in her deed and in the defendant’s deed which the master finds were inserted by the common grantor for the benefit of these two and other lots pursuant to a general scheme of development of the land, and that “the owner of each lot has, as appurtenant to his lot, a right in the nature of
We think that the decree was right. The word “building” is used several times in the restrictions and there is nothing to show that it is used in an exclusive sense. The restriction that no building shall be placed within fifteen feet of the street would apply as well to a stable as to a dwelling house. And the exception of a private stable from the restriction that “ no building shall be erected,” etc., classifies a stable as a building within the meaning of the restriction. In no event can there be more than two buildings, one of which may be a private stable, erected on the lot. The restriction as to cost applies as well to stables as to other buildings. As the restriction is drawn there is no limit to the kind or character of building that may be erected so long as it costs $2,500. Nor is there anything forbidding the erection of a private stable except as an adjunct to or in connection with a building already on the lot or in the process of erection. It is possible that the scheme contemplated the
Decree affirmed.