Everett Factories & Terminal Corp. v. Oldetyme Distillers

In Everett Factories & Terminal Corp. v. Oldetyme Distillers, 300 Mass. 499, 15 N.E.2d 829 (1938), the court was asked to construe a deed which contained express conditions and limitations on the use by "the grantee and its successors and assigns," of "the tracks belonging to the grantee," and a provision that "the grantor, its successors and assigns, reserve and shall have the right" to use for certain described purposes "so much of the grantee's tracks as are located on the granted premises." Everett Factories, 300 Mass. at 501-502. The deed in that case further stated that the conveyance is made upon the further express condition that the grantee and its successors and assigns shall pay the grantor and its successors and assigns annually one third of the expense of maintaining the main spur track of the grantor and also one third of the taxes assessed by the City of Everett upon the same, together with one third of 6% interest on the sum of $ 35,000. Id. The court in Everett Factories held that the deed showed that the parties intended the burden created by the deed to run with the land and not merely be a personal obligation to either party. Id. at 504. As grounds for this conclusion, the court noted that the language expressly stated that "the grantee and its successors and assigns" were responsible for making the payments to "the grantor and its successors and assigns." Id. at 504-505.