Hoang v. Arrowhead Woods Architectural Committee
APPEAL from a judgment of the Superior Court of San Bernardino County, Thomas S. Garza, Judge. Affirmed.
William M. Crosby for Plaintiffs and Appellants.
Law Offices of John G. Wurm and John G. Wurm for Defendant and Respondent.
A 1965 deed to a Lake Arrowhead residential property prohibits the owner from cutting down “any living tree” unless first approved by an architectural committee (Committee). The primary issue in this case is whether this restriction is, as plaintiff-homeowners contend, unenforceable under the Marketable Record Title Act (Act) (Civil Code, § 880.020 et seq.). Disagreeing with plaintiffs, the trial court determined that the tree-cutting restriction was enforceable under an exception in the Act for equitable servitudes.
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