Citizens for Covenant Compliance v. Anderson

J.I dissent.

At issue in this case is the enforceabililty of a subdivision’s land-use restrictions that are set forth in a “declaration” recorded by the subdivider of the land. The majority holds that the restrictions are enforceable against future land purchasers even though the subdivider transferred the lots by means of grant deeds that on their face conveyed a fee simple estate and made no reference to any restriction on the land conveyed. The majority’s rule is a simple one, but simplicity is its only virtue. By adopting this rule, the majority blasts a gaping hole through the structure…