WALKER v. GROSS


362 Mass. 703 (1972)

290 N.E.2d 543

JOHN J. WALKER & another vs. ROBERT V. GROSS & others.

Supreme Judicial Court of Massachusetts, Middlesex.

December 8, 1972.


Attorney(s) appearing for the Case

John C. Collins (Peter B. Collins with him) for the defendants.

Walter H. McLaughlin, Jr. (David G. Hanrahan with him) for the plaintiffs.

Present: TAURO, C.J., REARDON, HENNESSEY, KAPLAN, & WILKINS, JJ.


WILKINS, J.

The plaintiffs seek a determination, under G.L.c. 240, § 10A, that a deed restriction providing that no part of their premises in Waltham shall be "used for any business purpose" does not prevent the use of their premises for an apartment house. The plaintiffs' land is subject to a restriction, imposed by a 1947 deed to a predecessor in title, which reads as follows: "The premises are conveyed with the benefit of and subject to any easements of record...

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