A covenant is simply a contract of a special nature, and the primary rule for the interpretation thereof is to gather the intention of the parties from their words, by reading not simply a single clause of the agreement, but the entire context and, where the meaning is doubtful, by considering such surrounding circumstances as they are presumed to have considered when …

A restrictive covenant is in derogation of the common law right to use land for all the lawful purposes that go with title and possession, and is not to be extended by implication; it is to be construed strictly against the grantor

The covenant must be fairly construed, and its meaning must not be extended into a covenant that the defendant will pay all damages that may result from any subsequent owner or lessee erecting, or causing to be erected, a building, the improper use of which may render it a nuisance

If a city grants land under water with the privilege of filling earth in, it must not construct adjacent sewers so as to wash away earth thus filled in

In the construction of all contracts under which forfeitures are claimed, it is the duty of the court to interpret them strictly in order to avoid such a result, for a forfeiture is not favored in the law

Then, as now, the prevailing canon of construction required all doubts about the meaning of a given deed restriction to be resolved in favor of the free use of property

Plaintiff is not estopped from claiming title to the building because of the terms of judgment of foreclosure and the exceptions and reservations in the deeds constituting the plaintiff's chain of title

[PDF] Restrictive Covenants in New York

[BOOK] The constitution of judicial power

[BOOK] Decisions of the United States Courts Involving Copyright

[BOOK] The Whispering Roots

[CITATION] Cases and Materials on the Law of Vendor and Purchaser