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Gutting v. Eiermann

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1914
165 App. Div. 916 (N.Y. App. Div. 1914)

Summary

In Gutting, the Second Department held that after the original grantor sold the entire tract which he had restricted, his interest in the covenants there involved ended and, consequently, his "attempt to modify these covenants after he had disposed of the lots and became a stranger to the title was nugatory as to the other lot owners, who had purchased on the faith of these restrictions.

Summary of this case from Richmond v. Pennscott Builders

Opinion

November, 1914.


The terms of the restrictive covenants created in the laying out and sales of the building lots in Forest Park East were not for the personal benefit of Mr. Archer, the original grantor, but by their expressed terms were also "for the use of each and all the persons who may purchase or derive title through or from them to any part of the tracts of land laid down on the aforesaid map." Hence, they were designed to secure a residential neighborhood for the common advantage of the several purchasers. Mr. Archer's sale of the entire tract which he had thus restricted ended his interest in these covenants. ( Matter of Birmingham District Land Co., L.R. [1893] 1 Ch. Div. 342; McDougall v. Schneider, 134 App. Div. 208; White v. Moore, 161 id. 400; Thompson v. Diller, Id. 98.) Therefore, Mr. Archer's attempt to modify these covenants after he had disposed of the lots and become a stranger to the title was nugatory as to the other lot owners, who had purchased on the faith of these restrictions. Such a release would in effect destroy the value of the lots sold by authorizing a use of a part of the estate for a purpose inconsistent with the restriction by which Mr. Archer had professed to bind the whole. The judgment is, therefore, affirmed, with costs. Jenks, P.J., Burr, Thomas, Carr and Putnam, JJ., concurred. Judgment affirmed, with costs.


Summaries of

Gutting v. Eiermann

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1914
165 App. Div. 916 (N.Y. App. Div. 1914)

In Gutting, the Second Department held that after the original grantor sold the entire tract which he had restricted, his interest in the covenants there involved ended and, consequently, his "attempt to modify these covenants after he had disposed of the lots and became a stranger to the title was nugatory as to the other lot owners, who had purchased on the faith of these restrictions.

Summary of this case from Richmond v. Pennscott Builders
Case details for

Gutting v. Eiermann

Case Details

Full title:GUSTAVE A. GUTTING and Others, Respondents, v . OTHILDA EIERMANN Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 1, 1914

Citations

165 App. Div. 916 (N.Y. App. Div. 1914)
149 N.Y.S. 635

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