California Court of Appeal

Summary judgment for plaintiffs on their claims for quiet title and declaratory relief concerning adjoining parcels of land owned by the parties, is reversed and remanded, where: 1) the 1946 deed, by which the prior common owner of the adjoining parcels conveyed the parcel the defendants now own and retained the parcel the plaintiffs now own, contained a building restriction stating that "no buildings will be erected now or at any future date on the property retained"; and 2) the building restriction is enforceable as a covenant running with the land under Civil Code section 1462.

Appellate Information

• Decided 10/11/2013
• Published 10/11/2013

Judges

• IRION

Court

• California Court of Appeal

Counsel