Burt

This is an action brought by the owner of land in the immediate vicinity of the defendant’s property whereon, it is claimed, certain “violations of the restrictions as to use had occurred.” The trial court by its judgment declared certain building restrictions upon the property of the appellant to be covenants running with the land for the benefit of respondent’s property and imposed thereby a permanent injunction against the appellant from maintaining a “certain second residence or dwelling house,” and ordered the immediate removal of such building from such property.

The property in question is situated in Beverly Hills, an exclusive residential district west of the city of Los Angeles. Appellant and respondent both own homesites along one of the streets of the tract, known as Hartford Way. Appellant’s property lies upon one side of this street and respondent’s is approximately opposite on the other side of the street. There is no dispute in the evidence as to the form of the deeds under which the predecessors in interest of both appellant and respondent derived their title.

As we view the dispute. between the parties, it is almost identical with the dispute in the case of…