Michael Abel v. Celeste M. Johnson

Summary

The court held that property owners whose deeds incorporated an earlier residential-use restriction through "subject to" language had standing to enforce that restriction against another owner in the subdivision. Considering the recorded subdivision map, the substantially uniform deed restrictions, and related declaration, the court found a general development scheme despite the original deed's provision benefiting the grantors' retained land. The court reversed the Appellate Court in part and directed it to affirm the trial court's enforcement of the residential-use covenant.