Blakeley v. Gorin

313 N.E.2d 903 (Mass. 1974)

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Nature of the Case

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Facts

Blakeley (P) owns land subject to restrictions put on the land in 1850. Gorin (D) is the owner of adjacent land with an apartment building on that land. The issue was that of the required passageway. The trial court found that D had a substantial and actual benefit for enforcement of the restriction, but the restrictions were obsolete and that D was only entitled to nominal damages. D appealed.