Hannula V. Hacienda Homes Inc‪.‬

This is an appeal from a judgment for the defendant in an action for declaratory relief. The plaintiff is the owner of a portion of Lot 47 in the residential subdivision of Orinda Park Terrace in Contra Costa County. At one time the entire lot was owned by plaintiff's parents who built a residence on a portion of the lot and then sold that portion to a person not a party to this action. The remaining portion was retained by plaintiff's parents and later transferred to plaintiff. Upon offering her property for sale, plaintiff learned that defendant Hacienda Homes, Inc., would probably assert its authority to deny permission to build a dwelling house upon her fractional part of Lot 47. Whatever authority defendant has to restrict building on the plaintiff's land must be derived from a restriction contained in the recorded map of Orinda Park Terrace and in the deeds to lots therein which reads: