Guillette v. Daly Dry Wall, Inc. case brief

Guillette v. Daly Dry Wall, Inc. case brief summary
325 N.E.2d 572 (1975)

CASE SYNOPSIS

Appeal from an order of the Superior Court (Massachusetts) enjoining defendant from constructing an apartment building on its lot after finding that defendant was bound by a restriction contained in deeds to its neighbors from a common grantor, even though it had no knowledge of the restrictions.

CASE FACTS
Plaintiffs sued defendant to enjoin it from constructing a multifamily apartment building on its lot. The trial court issued the injunction. The issue on appeal was whether defendant was bound by a restriction contained in deeds to its neighbors from a common grantor, when it took without knowledge of the restrictions and under a deed that did not mention them. Defendant argued that it only had the duty to ascertain whether there were any restrictions in former deeds in its chain of title.

DISCUSSION

• The appellate court held that the deed conveyed not only the described lot but also an interest in the remaining land. 
• The deed was properly recorded, and as purchaser of part of the restricted land, defendant took subject to the restrictions. 
• In addition, the deed could be found through the use of an index system that listed the names of grantors and grantees.

CONCLUSION
Affirmed decree enforcing restrictions contained in deeds to defendant's neighbors from a common grantor because defendant, as purchaser of part of restricted land, took subject to the restrictions; properly recorded deed could be found through use of index system.


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