Massachusetts Supreme Judicial Court Restricts Restrictions

A unanimous Supreme Judicial Court has affirmed that the Legislature meant what it said when it said in Chapter 184, Section 27 that “no restriction imposed after [December 31, 1961] shall be enforceable: . . . (a) unless the person seeking enforcement (1) is a party to the instrument imposing the restriction and it is stated to be for his benefit or is entitled to such benefit as a successor to such party, or (2) is an owner of an interest in benefited land which either adjoins the subject parcel at the time enforcement is sought or is described in the instrument imposing the restriction and is stated therein to be benefited.”