Bessemer v. Gersten

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a valid contractual lien was created at the time the respondents accepted a property deed with actual or constructive notice of the lien provision of a recorded declaration of restrictions
• holding that a valid contractual lien is created when a property is purchased subject to declarations of restrictions which manifest an intent to let the property stand for security for the obligations imposed in the restrictions
• noting that by accepting a deed the grantee agrees to fulfill the conditions of the covenant contained therein (quoting 1 R. Boyer, Fla. Real Estate Transactions, § 24.03, at 574 (1977))
• successor to the interest of grantor, as party with duty to pay rent on recreational land, could enforce covenant to pay share of rental obligation against lot owner
• right to enforce a covenant generally belongs to the holder of benefited land
• reinstating a trial court's judgment of foreclosure

Source: CourtListener parenthetical corpus (CC0).