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Property Law Keyed to Singer
Whitinsville Plaza v. Kosteas
Facts
Charles Kosteas (Defendant) sells a parcel A to trustees of the 122 Trust (Trust). The deed had numerous restrictions, including one that restricted Defendant from using the abutting land for a discount store that would compete with the discount store Trust intended to build. Defendant was allowed to build a drug store on his retained land. The deed states that the restrictions are covenants running with the land. Trust conveys parcel A to Whitinsville Plaza (Plaintiff). The deed to Plaintiff expressly made Plaza subject to, and gave it the benefit of, the restrictions in Defendant’s deed. Defendant leases its abutting land to CVS for use as a discount department store and pharmacy. Plaintiff sues to enjoin Defendant and CVS from operating a discount store.
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