(DOWNLOAD) "Federoff V. Pioneer Title & Trust Co." by Arizona Supreme Court # eBook PDF Kindle ePub Free

February 03, 2021

eBook details

Title: Federoff V. Pioneer Title & Trust Co.
Author : Arizona Supreme Court
Release Date : January 06, 1990
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 66 KB

Description

Robert F. Federoff and others (appellants) petitioned for review of the court of appeals' decision finding eight restrictive covenants unenforceable. We granted review on two issues: (1) whether these restrictive covenants established by the original grantors are enforceable as class three covenants under O'Malley v. Central Methodist Church, 67 Ariz. 245, 194 P.2d 444 (1948); and (2) whether enforcement of the covenants, regardless of their classification under O'Malley, is precluded by Werner v. Graham, 181 Cal. 174, 183 P. 945 (1919), because the failure to incorporate the recorded covenants into the deeds of the subsequent grantees made the covenants personal to the original grantors. We have jurisdiction pursuant to Ariz. Const. art. 6, § 5(3) and A.R.S. § 12-120.24. We granted review pursuant to Ariz.R.Civ.App.P. 23, 17B A.R.S.