4.1 History of Deed Restrictions in Arizona

• Jurisdiction: Arizona

§ 4.1 History of Deed Restrictions in Arizona

There is a long line of cases in Arizona affirming the enforceability of deed restrictions. In 1931, in Continental Oil v. Fennemore, ³⁰² the Arizona Supreme Court affirmed the enforceability of restrictive covenants. In holding a deed restriction limiting development to “residential” enforceable, the court stated:

It is also well settled that, where a tract of land is divided into building lots, and as a part of a general scheme of improvement restrictions are inserted in all of the deeds governing the purposes for which the land may be used, they may be enforced in equity by any of the grantees against the others. ³⁰³

Restrictive covenants are enforceable as contracts. The court in Heritage Heights Homeowners Ass’n v. Esser , ³⁰⁴ stated:

When a grantee accepts a deed containing restrictions, he assents to these restrictions and is bound to their performance as effectively as if he had executed an instrument containing them. ³⁰⁵

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