Bennett v. Commissioner of Food and Agriculture

In Bennett v. Commissioner of Food and Agriculture, 411 Mass. 1, 4-6, 576 N.E.2d 1365 (1991), the Commissioner of Food and Agriculture, as representative of the public, sought to enforce a restriction granted to the Commissioner for consideration by the Bennetts' predecessors in title. The restriction at issue required the Bennetts to obtain approval from the Commissioner prior to constructing dwellings on their land. The Commissioner had declined to grant such approval, finding for several enumerated reasons that the construction proposed by the Bennetts would undermine the primary purpose of the restriction, the preservation of land for future farmers. The Bennetts challenged the denial, contending that the restriction could not run with the land unless it was shown to benefit land belonging to the Commissioner. The court held that the restriction was enforceable by the Commissioner, concluding that: Where the beneficiary of the restriction is the public and the restriction reinforces a legislatively stated public purpose, old common law rules barring the creation and enforcement of easements in gross have no continuing force. In such a case, the appropriate question is whether the bargain contravened public policy when it was made and whether its enforcement is consistent with public policy and is reasonable. 411 Mass. at 6. The court specifically cautioned that its decision should not be interpreted as an endorsement of the enforcement of all easements in gross, stating that only "in appropriate cases" courts should "reconsider" certain common law rules regarding the creation, validity, and enforcement of servitudes. Id. at 7 n.4.