Guillette v. Daly Dry Wall, Inc.

367 Mass., 355, 325 N.E.2d 572 (1975)

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Nature of the Case

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Facts

Gilmore sold lots in subdivision called Cedar Hills to Ps and D. Each of the deeds given to the parties to lots in the subdivision either set out restrictions or incorporated them by reference. Only the deed to Guillette (P) and one other contained a provision restricting lots retained by the seller. It was the intention of the grantor to maintain the subdivision as a residential subdivision to include only dwellings for one-family homes. The deeds referenced plans in them with some referencing 1967 and others referencing 1968. In April 1972, Daly Dry Wall, Inc. (D) purchased a lot from Gilmore in the subdivision, which had a restriction against apartment buildings. The actual deed itself contained no restrictions and D did not know of any development plan or pattern for the subdivision. D claimed that there was no mention of any restrictions in his deed, but that there was a mention of a plan. D learned of the restrictions after a title search and examination was made. D made no inquiry concerning restrictions and did not know of the development plan. Deeds given to other lot owners either set out restrictions or incorporated them by reference. D obtained a permit to build a 36-unit apartment building on his lot. Guillette (P), another deed holder, and others wanted to stop construction of the apartment building. P claimed that his deed contained restrictions against the apartment buildings. P sued to enjoin the construction. The court enjoined D. D appealed the injunction.