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Citizens for Covenant Compliance v. Anderson

California Supreme Court

906 P.2d 1314 (1995)

Relevant factsFree

The Andersons (defendants) bought adjacent lots in two subdivisions whose recorded covenants, conditions, and restrictions (CC&Rs) limited use to residential purposes; the CC&Rs weren't included or referenced in the Andersons' own deeds but were mentioned in their title insurance reports. When the Andersons sought to grow grapes and run a winery, neighboring landowners and Citizens for Covenant Compliance (plaintiffs) sued to enforce the CC&Rs; the trial court granted the Andersons summary judgment, the court of appeal affirmed, and the California Supreme Court granted review.

IssueFree

Whether, if a declaration of covenants, conditions, and restrictions in a subdivision is recorded before a purchase, subsequent purchasers have constructive notice of and are deemed to agree with the covenants.

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