Warren

Aram Harootunian and Stella Harootunian have appealed from a judgment in favor of Alben G. Warren and Ann M. Warren which was entered after the Warrens’ demurrer to the Harootunians’ answer was sustained with leave to amend and they failed to amend.

The action was brought by the Warrens to determine the validity of certain building restrictions on property which *547 they owned. The complaint alleged that the Warrens were the owners of certain real property in A1 Tahoe; that they had received the property by grant deed from Gerald A. Shutt and Virginia Shutt for the sum of $2,500; that the deed contained a provision that the property was subject to certain “covenants, conditions and restrictions now of record”; that the Shutts derived their title from the Harootunians; and that the deed contained the following restriction: “One private dwelling to contain no less than 650 square feet of floor space; no tents, trailers or camping allowed at any time; and plans for home and set backs to be approved in writing by. sellers.” It was further alleged that the Warrens desired to construct a multiple family dwelling on the property; that they could not build without subjecting themselves…