299 Mass. 559 | Mass. | 1938
This is a petition to amend a certificate of title describing land in Medford, issued to the petitioner by the Land Court and dated May 4, 1934. The prayer is for an order to strike from that certificate the following restric
The bill of exceptions of the respondents, together with the decision of the judge of the Land Court, a copy of the deed heretofore specified and referred to in the decision, and copies of three plans include all the material facts. Those facts in substance are as follows: The premises described in the certificate of the petitioner sought to be amended by this petition are shown as lot 49 on Land Court plan No. 12930-A and lot 19-A on Land Court plan No.
The first conveyances from the tract by said Roop, trustee, and the language, if any, relative to restrictions set forth in the deeds, were as follows: (1) “Lot 46. June 19, 1928, ‘subject to the restrictions, if any, that there may be of record’”; (2) “Lot 27. July 19, 1928, 'subject to restrictions of record’”; (3) “Lot 3. August 30, 1928. No mention of restrictions”; and (4) “Lot 43. September 21, 1928, ‘subject to restrictions, easements, agreements and reservations as set forth in an instrument dated March 10, 1926 and recorded with Middlesex South District Deeds, Book 4947, Page 89 (the deed from the City of Medford).’ ” Following the last mentioned deed thirty-five other lots, including lots owned by parties respondent in this case, were conveyed by said Roop, trustee, by deeds, each of which contained, by reference to said deed from the city of Med-ford or to the original certificate of title, a statement relative to restrictions similar to that contained in the deed of lot 43 above quoted; six other lots were conveyed by deeds
Practically all of the lots shown on said plan No. 12930-A, other than the land of the petitioner, have been improved for residential purposes, the structures being with few exceptions single family residences of good quality which substantially conform to the restrictive provisions set forth in said deed from the city of Medford to Fellsway Realty Company, and there has been no substantial violation of any of said provisions.
The judge of the Land Court ruled that the restrictions referred to in the petitioner’s prayer for amendment of his certificate are enforceable against the land of the petitioner by the city of Medford, and by all those claiming title under said city to any part of the land formerly belonging to it and adjoining the tract of land registered in the name of William J. L. Roop, trustee, but that said restrictions are not directly enforceable by the respondents other than the city of Medford, and ordered the petitioner’s certificate amended accordingly.
The respondents excepted to the ruling and conclusion that the restrictions set forth in the petitioner’s certificate of title are not directly enforceable by the respondents other than the city of Medford and to the refusal to grant certain requests for rulings.
The city of Medford, as the original grantor of the tract of land, did not cause to be made a plan showing a general building scheme but it set forth in its deed restrictions on the tract conveyed, expressing the intent that the burden of those restrictions should run against, and the benefit accrue to, the grantees and owners of parts of the tract. The tract was divided into lots and sold by a subsequent purchaser of the tract, some deeds repeating the restrictions, in substance, and others making no express reference to them. This appears to have been in harmony with the
To change his certificate of title the petitioner invokes the power conferred upon the Land Court by G. L. (Ter. Ed.) c. 185, § 114. That section confers no power “to open the original decree of registration.” The restrictive clause which the petitioner seeks to have struck out of his certificate of title was in the original decree of registration of the tract. The proceedings for that registration in substance and effect admitted the validity of the original restrictions. As already pointed out, those restrictions were “for the benefit of subsequent grantees.” The subdivision plan filed before the original certificate of title was issued, with the other circumstances, established the general scheme of improvement. Purchasers were entitled to rely upon that general scheme.
The Land Court has no authority under G. L. (Ter. Ed.) c. 185, § 114, on a petition for amendment of a certificate of title, to impair the title or other interest of a purchaser holding a certificate for value and in good faith, without his written assent. Malaguti v. Rosen, 262 Mass. 555, 567, 568. The judge of the Land Court found that the respondents were “purchasers of registered land for value and in good faith.” The right to enforce restrictions is an interest in land. Riverbank Improvement Co. v. Chadwick, 228 Mass. 242. Nash v. Eliot Street Garage Co. 236 Mass. 176, 180. The respondents’ certificates of title referred to a deed, which
Exceptions sustained.