Owen v. Allen
This appeal is from the trial courts imposition of a preliminary injunction restraining appellants Susan and N. Gail Allen from using their property in violation of a restrictive covenant, duly recorded in 1981 in the official records of Mendocino County, limiting certain parcels, including appellants parcel, to one single-family dwelling.[1] Since appellants were not parties to the 1981 agreement to restrict the development of their land, the restrictive covenant is enforceable against them only if it runs with the land or if it creates an equitable servitude. (Taormina Theosophical Community, Inc. v. Silver (1983) 140 Cal.App.3d 964, 972 (Taormina).) We conclude the restrictive covenant does not meet the requirements of a covenant running with the land or of an equitable servitude because there is nothing in the recorded instrument reflecting the original grantors intention that the restrictive covenant bind subsequent purchasers such as appellants. Consequently, Court reverse.
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