68 N.J. Eq. 252 | New York Court of Chancery | 1905
This is a suit to enforce the building restrictions contained in a deed made by complainants to the defendant, Mrs. Winters, and a Mrs. Coates, for a lot twenty-five by one hundred feet on the eastern side of Clifton avenue in the city of Newark. Mrs. Coates subsequently conveyed her interest in the premises to Mrs. Winters by a deed containing the same restrictions. The building restrictions in question were
“that for the space of twenty years from the date hereof [March 14th, 1899] no dwelling-house shall be built on said premises to cost less than four thousand dollars: that no house or houses shall be built thereon unless placed back at least fifteen feet from the easterly line. of said Clifton avenue, and on a terrace two feet in height above the easterly line of said avenue in front of same.”
Defendants have erected a frame dwelling-house on the lot with a frontage covering nearly the whole front of the lot. The foundation of the southerly wall of the 'house extends to a point about twelve feet ten inches from the easterly line of Clifton avenue. From this southwesterly corner of the house a hay- ■ window projection on a foundation wall is constructed, and the centre of the bay-window is ten feet eight and a half inches from the street line. The foundation wall of this bay-window is the only foundation wall of the house at this point. The-northerly end of the bay-window is in a line with the southerly
Since the commencement of this suit complainants have divided between themselves the unsold lots, and two of them own the vacant lot (No. 297) next adjoining defendants’ house on the north. The projection of the second and third story of defendants’ house beyond the fifteen-foot line may possibly affect