Legal Opinion

Fong v. Hashimoto

Hawaii Intermediate Court of Appeals

Decided April 2, 1998No. 19424PublishedCited by 3 opinions

1Opinion of the Court

Opinion of the Court by

ACOBA, J.

We hold that the legal title to land retained by a vendor pursuant to an agreement of sale is an interest sufficient to permit the vendor to impose restrictions on another parcel of land for the benefit of the land subject to the agreement of sale. Accordingly, based on the evidence adduced, we conclude that the one-story and fifteen-foot setback restrictive covenants imposed on the lot currently owned by Defendants-Appellees Muriel Y. Hashimoto and Susan M. Hashimoto, as Trustees of the Living Trust of Gerald S. Hashimoto and Muriel Y. Hashimoto dated October…

2Cases cited33 opinions

  1. Jenkins v. WiseHawaii Supreme Court · 1978
  2. Ontai v. Straub Clinic & Hospital Inc.Hawaii Supreme Court · 1983
  3. Snow v. Van DamMassachusetts Supreme Judicial Court · 1935
  4. Bacon v. SandbergMassachusetts Supreme Judicial Court · 1901
  5. McDonough v. WW Snow Construction Co., Inc.Supreme Court of Vermont · 1973

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3Cited by3 opinions

  1. Janra Enterprises, Inc. v. City of HonoluluHawaii Supreme Court · 2005
  2. Fong v. HashimotoHawaii Supreme Court · 2000
  3. Fong v. HashimotoHawaii Supreme Court · 2000

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