Massachusetts Court Says Abutting Neighbors Can Enforce a Deed Restriction — What That Means for Property Owners
A recent Massachusetts Superior Court ruling in Andover has real estate buyers, sellers, and developers paying closer attention to an often-overlooked aspect of property law: deed restrictions. In Gikow, et al. v. Cleary LLC Associates, Inc., et al., a judge found that a 2009 deed restriction limiting a parcel to single-family use was enforceable by neighboring property owners, even though it resembled an older restriction that had long expired. Massachusetts Lawyers Weekly
What Happened in the Andover Case?
Here’s how the dispute unfolded:
A parcel of land in Andover originally included a deed restriction from 1955 limiting its use to a single-family home. That restriction expired by statute decades ago.
When the property was sold again in 2009, a new deed included language restricting the land’s use to single-family only — though the wording was similar to the old restriction.
Years later, when Andover Community Trust, Inc. tried to build on a subdivided piece of that land, neighboring property owners (abutters) argued the 2009 restriction prevented the construction.
The developer argued the 2009 restriction was just an attempt to revive the old, expired restriction — which isn’t enforceable. But the court disagreed, finding the 2009 restriction was a new, valid deed covenant and can be enforced.
Why This Ruling Matters
While the facts of this case may seem unique, the implications are broad:
✔️ 1. Deed Restrictions Can Live Beyond What You Expect
Just because an old restriction has expired doesn’t mean a new one can’t be created, even if it resembles the old language. Courts will look at the actual intent of the parties who created the new restriction.
✔️ 2. Abutters Can Have Standing to Enforce Restrictions
Neighbors directly affected by a deed restriction — especially if the restriction benefits them — may have legal standing to enforce it in court. That means someone next door could block development if the restriction clearly limits use or construction.
✔️ 3. Developers and Buyers Face Title Risk
For developers and buyers, this decision is a stark reminder: a deed restriction that isn’t obvious on the face of the title might still be enforceable if it was intentionally imposed. Some real estate attorneys have called this a “land use minefield” for developers, since standard title searches may not always reveal such restrictions.
✔️ 4. Documentation and Intent Matter
Courts will examine the actual intent behind restrictions. In this case, testimony and documents showed the original grantor insisted the 2009 restriction be included in the deed — a key factor in the court’s ruling.
Practical Takeaways for Property Owners
Check deed restrictions thoroughly during due diligence before buying property — especially in older neighborhoods where historical restrictions may exist.
Understand who benefits from a restriction. Restrictions intended to benefit specific properties or abutters are more likely to be enforceable.
Consult experienced counsel if you plan to develop property or challenge a restriction — because the legal standards are precise and outcomes can hinge on documentation and testimony.
Disclaimer
This article is provided for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship. Laws and legal interpretations vary based on specific facts and circumstances, and this post does not cover all possible outcomes. If you have questions about deed restrictions, property development, or legal rights in Massachusetts real estate matters, consult a qualified attorney.
