Timberstone Homeowner's Ass'n v. Summerlin

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• properly recorded restrictive covenant to pay maintenance fees was binding on subsequent purchaser with notice, even though not stated in his deed
• “Where a restrictive covenant is recorded, the purchaser is charged with legal notice of the covenant, even if it is not stated in his own deed.”
• “[wjhether the assessment obligation is a covenant running with the land or an equitable servitude, it is clear that [the] restrictive covenant ... is an enforceable covenant against a purchaser with notice”
• “It is only necessary that the covenant concern the land or its use, and that the subsequent grantee has notice of it. Covenants are so enforced on the principle of preventing a party having knowledge of the just rights of another from defeating such rights.”
• restrictive covenant enforceable against a purchaser with notice
• restrictive covenant enforceable against a purchaser with notice

Source: CourtListener parenthetical corpus (CC0).