Trahms

Plaintiffs (appellants) Robert G. Trahms and Nancy A. Trahms are the owners of a home which occupies two lots in a subdivision in Tiburón known as “Marinero Residence No. 1, Unit 2.” Defendants (respondents) are the owners of a neighboring residence in the same tract. Appellants sought to enjoin respondents from violating a covenant restricting the use of the property; removal of a structure allegedly built in violation of the covenant was also prayed. Respondents’ motion for judgment on the pleadings was granted; plaintiffs have appealed. We affirm the judgment.

Respondents took title to their lot from Marinero Residence No. 1, Inc. (hereinafter “Marinero”), by deed dated October 27, 1966, and recorded on November 10, 1966. Appellants obtained their two lots by deeds respectively dated January 20, 1967, and May 22, 1968, and recorded January 30, 1967, and May 23, 1968.

Prior to deeding out any lots in the tract, Marinero filed a subdivision map and on January 16, 1964, recorded a declaration of tract restrictions. The restrictions were stated to be imposed on all property in the tract as part of a “general plan of development, improvement, building, occupation and…