Reavis

Reavis v. HSBC Mortgage CA2/5

Good Law
Court of Appeal of CaliforniaDecember 17, 2014B254233California2,829 words

Opinion

Opinion

FACTS

Lots 21 and 22 of the Whitegate Tract in the City of Los Angeles are adjacent to one another. On December 12, 1974, the owners recorded a covenant combining lots 21 and 22 at the address 10414 Whitegate Avenue in Sunland, California. They agreed to hold the land as one parcel and not sell any portion separately. The covenant stated, “This covenant and agreement shall run with the land and shall be binding upon ourselves, and future owners, encumbrancers, their successors, heirs, assignees and shall continue in effect until such time that the Los Angeles Municipal Code unconditionally permits the use or purpose herein above referred to or unless otherwise released by authority of the Superintendent of Building of the City of Los Angeles.”

All further statutory references are to the Civil Code, unless otherwise stated.

2 Lot 21 is vacant and lot 22 is improved with a residence. Lot 21 is identified by assessor parcel number (APN) 2559-010-028 and assessed property taxes separately from lot 22, which is identified as APN 2559-010-029. Reavis purchased the property in April 1998. In August 2008, he borrowed $266,000 from HSBC secured by a deed of trust on the property.…

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