Restriction In 1946 Deed Enforceable As A Covenant Running With The Land.

In 1945, a woman purchased a parcel of real property described as “Lot 4.” In 1946, she conveyed a portion of Lot 4 by a grant deed, which provided that she was conveying ‘[a]ll of Lot 4 EXCEPTING the following described property in Block ‘I’ . . . :” The deed then set forth the legal description of the portion of Lot 4 that the woman retained. Under the heading “Restriction,” the deed stated: “A consideration of this sale is that no buildings will be erected now or at any future date on the [property retained].” In 1989, plaintiffs purchased from successors in interest of the woman the portion of Lot 4 that she retained as well as some adjacent property. In 2010, defendants obtained title to the rest of Lot 4 [the portion which had not been retained by the woman in 1946]. In the present action, plaintiffs want their title quieted and declared free of the building restriction contained in the 1946 grant deed. Both plaintiffs and defendants filed motions for summary judgment. The trial court granted plaintiffs’ motion, concluding the building restriction “is not a covenant running with the land, an equitable servitude, or a negative easement.” Upon concluding the restriction is an enforceable covenant running with the land under Civil Code section 1462, the appellate court reversed with directions to enter judgment in favor of defendants. (Self v. Sharafi (Cal. App. First Dist., Div. 1; October 11, 2013) 220 Cal.App.4th 483, [163 Cal.Rptr.3d 71].