1119 Delaware v. Continental Land Title Co

In 1119 Delaware v. Continental Land Title Co. (1993) 16 Cal.App.4th 992, an abstract of title failed to report a recorded conditional use permit (CUP), which restricted the use and alienation of an apartment building by requiring that a minimum of one occupant of each dwelling unit be at least 62 years old or physically handicapped. (1119 Delaware, supra, 16 Cal. App. 4th at p. 996.) The CUP amounted to a governmentally imposed encumbrance on title because it limited the right of the owner to convey the property. In addition, the CUP applied only to that specific property, whereas the restrictions at issue here governed all similar property. (Id. at p. 1002.)