Riley v. Bear Creek Planning Committee

551 P.2d 1213 (Cal. 1976)

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Nature of the Case

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Facts

Lot 101 was conveyed to Riley (P) by Alpine Slopes Development Company. The deed recorded contained no restrictions. Nine months after that conveyance, the grantor recorded a Declaration of Covenants, Conditions, Restrictions, and Reservations on lots 72 to 116 of Alpine Meadows Estates Unit No.3. The issue with P was paragraph number 6 in that P constructed a snow tunnel on their lot. The Committee (D) recorded a notice of the violation of the Declaration. P filed a complaint to quiet title, for damages for slander of title, and D cross-complained for declaratory relief. The trial court ruled that extrinsic evidence was not admissible to show the intent of transfer to P and D appealed.