Joslin v. Pine River Development Corp.

116 N.H. 814, 367 A.2d 599 (1976)

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Nature of the Case

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Facts

The subdivision, in this case, consists of 48 shore lots, as well as a number of other 'back' lots which do not line the shore. The Pine River Development Corp. (D) purchased one of the shore lots, Lot 26, as well as one of the 'back' lots. D then subdivided the back lots and sold them to individual buyers, some of whom formed the Pine River Association. D then conveyed Lot 26 to the Association so that its members would have access to the water for recreational purposes. The conveyance was made because the lot owners were having difficulty accessing the water at other points. The deeds to the shore lots all contained restrictions regarding the number and type of dwellings which could be maintained on them and requiring finished exteriors, modern plumbing, and setbacks. P sued to enjoin D from using Lot 26 for recreational purposes, arguing that the restrictions regarding the type of houses which could be constructed in the lots should be interpreted to impose the additional restriction that the lots must be used for residential purposes. D argues for strict construction of the restrictions.