3 A. 426 | N.H. | 1885
It is stipulated in the deed of the association to one of the defendants, that the premises shall be held subject to the *506
"act of incorporation and the rules and regulations of said camp-meeting association." One of the by-laws and regulations of the association prohibits the erection or use of buildings for stores boarding-houses, hotels, or stables, without the consent of the association. Limitations of the use of real property, in the form of covenants, restrictions, and conditions inserted in a deed for the advantage of the grantor or for the benefit of adjacent lands, when reasonable and for a lawful purpose, are upheld and enforced at law and in equity. The acceptance of the deed binds the grantor to the covenant, condition, or restriction contained in it. Harriman v. Park,
The stipulations in the defendants' deed are reasonable, and for a lawful purpose. Gannett v. Albree,
But time may bring changes that will practically affect the limitation of the proprietary rights conveyed by the plaintiffs. Their grounds may be withdrawn from ecclesiastical uses. The plaintiffs may remove to some other place, or cease to exist. The defendants or their successors may have occasion to raise the question whether, under the common law of this state, the construction of the deed is that the parties intended the restriction should continue in full force if it should become useless. The decree may be made subject to a modification or dissolution of the injunction on cause shown.
Injunction granted.
ALLEN, J., did not sit: the others concurred. *507