220 Cal. App. 4th 483
Cal. Ct. App.2013Background
- 1945 Fleet buys Lot 4; 1946 grant deed to Donovans retains portion for Fleet with building restriction on retained land.
- 1946 deed notes restriction; Selfs sign DISC Statement acknowledging restriction before purchase.
- 1989 Selfs purchase retained Lot 4 from Fleet successors; 2010 Sharafis acquire Donovans’ adjacent lot.
- 2011 Selfs file quiet title and declaratory relief; Sharafis file cross-claim for declaratory relief.
- Trial court grants summary judgment for Selfs, holding restriction not a covenant running with the land, not servitude or negative easement; appellate reversal requested.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the building restriction runs with the land under §1462 | Selfs: restriction burdensed land retained, not benefit; thus not running. | Sharafi: restriction benefits conveyed land, runs with land; enforceable. | Yes; runs with the land under §1462. |
| Whether the restriction could run under former §1468 or as alternative theories | Selfs: not under former §1468; would burden grantor's retained land. | Sharafi: §1468 may apply as covenants; equitable servitude/negative easement. | Not under former §1468; primary analysis under §1462; no reversible alternative. |
Key Cases Cited
- Citizens for Covenant Compliance v. Anderson, 12 Cal.4th 345 (Cal. 1995) (analysis of covenants running with the land; amendments to §1468 treated as postdating only apply to covenants after enactment)
- Marra v. Aetna Construction Co., 15 Cal.2d 375 (Cal. 1940) (covenants burdening conveyed land do not run with the land under §1462)
- Muir v. Los Angeles Terminal Land Co., 136 Cal. 36 (Cal. 1902) (cov. burdens on grantor’s land do not run with the land under §1462)
- Oceanside Community Assn. v. Oceanside Land Co., 147 Cal.App.3d 166 (Cal. App. 1983) (CC&Rs; cautions on §1468 interpretation; precedential but limited)
- Sacramento Suburban Fruit Lands Co. v. Whaley, 50 Cal.App. 125 (Cal. 1920) (definition of direct benefit to property for §1462 running with land)
- Chandler v. Smith, 170 Cal.App.2d 118 (Cal. App. 1959) (early view on covenants in grant deeds; distinguished)
- Berryman v. Hotel Savoy Co., 160 Cal. 559 (Cal. 1911) (burdens vs. benefits in covenants; relevance to running with land)