What is the test for a preemption right in a common law covenant?

The covenant readily fulfills three requirements. The land is particularly described. The covenant specifically states that assignees are bound. The memorandum of ownership agreement is recorded and incorporates by reference the covenant which gives constructive notice to all parties. Calvi v. Bittner, 198 Cal.App.2d 312, 17 Cal.Rptr. 850 (1961).

Appellants contend that the preemption right is not within the purview of subsection (c). The subsection is the statutory codification of the common law touch and concern requirement. Preemption rights have been found to relate to the use of land. Richardson v. Callahan, 213 Cal. 683, 3 P.2d 927 (1931).