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Citation. 22 Ill.116 N.H. 814, 367 A.2d 599 (1976)
Brief Fact Summary. A development corporation bought a lot (lot 26), which was adjacent to a large tract of land that the corporation had bought and subdivided. The larger tract of land was landlocked. Lot 26 was purchased to allow residents of the subdivision access to the Pine River Pond, but was under a common scheme of restrictions. Facts.
Synopsis of Rule of Law. Courts no longer strictly construe the words of restrictions in deeds, but rather, seek to give effect to the intent of the parties to a covenant.
The original developers of the area, the Scribners, laid out 48 shore lots including lot 26 and more back (landlocked) lots which together formed Scribner Park subdivision. Some of the shore parcels were conveyed to Plaintiffs or their predecessors in title. Pine River Development Corporation (Defendant) purchased lot 26 and a large tract with no frontage to the water. The Defendant subdivided the large tract into 161 lots and sold 147 of them to buyers who formed the Pine River Association, Inc. The Defendant then conveyed lot 26 to the Pine River Association so that its members could have access to the water for swimming, docking boats, and other purposes. The Defendant entered onto lot 26 and cleared the land for this purpose. All of the deeds to the frontage lots have restrictions. The number of cottages to be built on any one lot was restricted. Mobile homes were prohibited. Permanent buildings were required, with finished exteriors and modern plumbing and the cottages ar
e required to be set back a certain distance. Two other restrictions concern utility easements and drainage rights. The residents of the frontage lots sued the Defendant to enjoin the use of lot 26 as a common boating or beach area or a common entrance and exit for access to the beach. The lower court entered a permanent injunction against the Defendant, its successors or assigns. Defendant appealed. Issue.
Do restrictions on dwellings or residences limit the use of the land itself apart from any building?