FONG v. HASHIMOTO

No. 19424.

994 P.2d 569 (1998)

92 Hawai`i 637

Leonard K.K. FONG and Ellen Lee Fong, Plaintiffs-Appellants, and Dale S.N. Fong and Linda L. Fong, Intervening Plaintiffs-Appellants, v. Muriel Y. HASHIMOTO and Susan M. Hashimoto, as Trustees of the Living Trust of Gerald S. Hashimoto and Muriel Y. Hashimoto dated October 13, 1992, and Susan M. Hashimoto, individually, Defendants-Appellees.

Intermediate Court of Appeals of Hawai`i.

Certiorari Granted April 2, 1998.


Attorney(s) appearing for the Case

Trudy Burns Stone and Andrew R. Bunn, Chun, Kerr, Dodd, Beaman & Wong, on the briefs, Honolulu, for plaintiffs-appellants and intervening plaintiffs-appellants.

Michael A. Lilly and R. Laree McGuire, Ning, Lilly & Jones, on the brief, Honolulu, for defendants-appellees.

BURNS, C.J., ACOBA, and KIRIMITSU, JJ.


Opinion of the Court by ACOBA, J.

We hold that the legal title to land retained by a vendor pursuant to an agreement of sale is an interest sufficient to permit the vendor to impose restrictions on another parcel of land for the benefit of the land subject to the agreement of sale. Accordingly, based on the evidence adduced, we conclude that the one-story and fifteen-foot setback restrictive covenants imposed on the lot currently...

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