Legal Question in Real Estate Law in California

Removal of a covenant running with the land can be done in some instances, but not always. The theory for removal may be either that (a) the covenant was invalid from the outset for some reason, or (b) it has served its purpose and is no longer necessary to carry out the original intent. An example of the latter is when the character of the land in the vicinity of the benefitted property has changed to such an extent that the original purpose of the covenant is obsolete.

Other defenses to enforcement of covenants are based on public policy or discrimination based upon race, religion, sex, disability, etc.

It is also possible, in some instances, to modify or remove covenants by agreement of all of the affected landowners.

A challenge in court based upon the original invalidity, expiration of need, discriminatory nature, etc. of a covenant would probably best be brought as a suit to remove cloud on title. All potentially benefitted property owners would have to be named as defendants and served.

The foregoing answer is rather general. Further information about the nature, objects, age and other specifics of the covenant, together with information about the reasons for desiring its removal, would be needed for a more specific reply. There are hundreds of appellate cases on the books in California relating to covenants running with the land, with a wide variety of factual situations and results,

See generally Civil Code sections 1461 to 1471.

The date of creation of the covenant plays a role; covenants entered into after 1968-69 are within the scope of the Civil Code