The Nature Conservancy v. Congel,

689 N.Y.S.2d 317 (1999)

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Nature of the Case

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Facts

Ps residential property is adjacent to a rural area known as the Buffer Lands. These Lands have a swamp, wetlands, and forest with some rare endangered species. The area was previously owned by the Allied Corporation, which operated a quarry on the undeveloped Buffer Lands. Allied then sold the property to Crushed Stone, which by merger became Milestone. There was a restrictive covenant in the deed from Allied to Crushed such that the Buffer Lands must remain in their natural state and that the restriction ran with the land and was for the benefit and enjoyment and enforceable by all parties owning adjoining property. In 1997, Congel (D) purchased 461.45 acres of the Lands from Milestone. D wanted to build a personal residence and erect a perimeter fence. D's title was subject to all other record titles. P's sued to enforce the restrictive covenant and to enjoin D from destroying the natural state of the land. The trial court ruled that Ps could not enforce the restrictive covenant because they were strangers to the deed. The court also found that the covenant did not run with the land. Ps appealed.