Citizens for Covenant Compliance v. Anderson
California Supreme Court
906 P.2d 1314 (1995)
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.
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.