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Buildable lot restriction still enforceable?

I have an opportunity to purchase a buildable SF home lot approved for construction by the Town of Plymouth. I would purchase this unimproved lot from a relative, who recorded purchase in April 1957.

The grantor set restrictions of not building closer than 30 feet from a northerly lot line and from 30 feet also from a southerly lot line.

Since over 50 years have passed since the relative's purchase, and since no subsequent Notices of Restriction have ever been recorded, would not the grantor's restrictions now be deemed as having lapsed and therefore be unenforceable?

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Submitted Wed, 07/12/2017 - 10:14

Restrictions on land don't "lapse" once they have been recorded. Once a restriction is recorded in a deed it forms an enforceable legal easement against a property. Was the grantor is this case a neighbor who owned the adjoining parcel? If so the new owner of that parcel now has a right to enforce this restriction.

This may not be the case, and there may not be a valid restriction, but it's impossible to tell you for sure without doing some title research on the property. Additionally, you may be able to negotiated with the new holder of the easement to record a changes easement or to cancel it.

Feel free to contact me to discuss options on what can be done.

Atty. David Owens
Grolman LLP
617-859-8966
david@grolmanllp.com



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