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COONS v. CARSTENSEN

15 Mass. App. Ct. 431 (1983)

446 N.E.2d 114

NANCY J. COONS vs. WARREN CARSTENSEN & another.

Appeals Court of Massachusetts, Middlesex.

March 10, 1983.

Attorney(s) appearing for the Case

Joseph J. Leghorn (Robert T. Gill with him) for the defendants.

Barbara L. Moore (Thomas J. Sartory with her) for the plaintiff.

Present: GRANT, ROSE, & KASS, JJ.

KASS, J.

Can an owner of land encumbered by a restrictive agreement deliver good and clear record title if public law imposes substantially similar limitations upon the manner in which the land may be used?

By reason of St. 1961, c. 579, § 3, the Carstensens, who own 12.75 acres2 bordering the Sudbury River in Lincoln, faced an uneasy choice. That statute authorized the Commissioner...

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