Building Restriction

When one makes deeds of different portions of a tract of land, each containing the same restriction upon the lot conveyed which is imposed as a part of a general plan for the benefit of the several lots, such a restriction not only imposes a liability upon the grantee of each lot as between him and the grantor, but it gives him a right in the nature of an easement which will be enforced in equity against the grantee of one of the other lots, although there is no direct contractual relation between the two. Through the common character of the deeds, the grantees are given an interest in a contractual stipulation which is used for their common benefit; Evans v. Foss, 194 Mass. 513, 80 N. E. 5S7, 9 L. R. A. (N. S.) 1039, 11 Ann. Cas. 171, where the erection of a garage was held to be within a restriction forbidding the erection on the property of any building for shops or any other business objectionable to the neighborhood for dwelling houses. The maintenance of a hospital was enjoined where a covenant provided that the premises should not be leased for any noisome, obnoxious or offensive trade or business; 58 L. J. Ch. N. S. 83; 48 id. 339. An undertaker's establishment where bodies were received, kept and embalmed, funeral services and autopsies were held, and bodies dissected, was enjoined where the restriction provided that no trade or business offensive to the neighborhood should be carried on; Rowland v. Miller, 139 N. Y. 93, 34 N. E. 765, 22 L. R. A. 182. The location of a coal yard which received and nant; Barron v. Richard, 3 Edw. Ch. (N. Y.) 96; as was the location of a large school for boys; 68 L. J. Ch. 8. But such a covenant is held not, as a matter of law, to be violated by the erection of a three-story building with stores on the first floor and flats or apartments above; Hurley v. Brown, 44 App. Div. 4S0, 60 N. Y. Supp. 846; or by one for the sale of groceries and provisions; Tobey v. Moore, 130 Mass. 448; Evans v. Foss, 194 Mass. 513, 80 N. E. 587, 9