Covenant Enforced Again After Years of Non-Enforcement

Question:

We’ve lived in our little neighborhood for 15 years. Some have lived her for over 40 years. Out of the blue, everyone in the neighborhood was sent a letter stating that our neighborhood has a covenant that no one has ever heard of. It’s from someone who use to own the land where we now live. It’s from the early 1980’s and says that it can be rolled over every 10 years. We have no HOA and all homes are on land that was purchased along with our house. Now all of a sudden this person seems to think that it’s time to reinforce this covenant. No where in our deed did we sign anything agreeing to a covenant. I think someone is mad at a neighbor and just trying to make trouble. Just wondering what you’re feelings are about this..

– Diane

 

Answer:

Hi Diane,

If you have no HOA, there may be a restrictive covenant attached to the land. This restrictive covenant should be found in the property deed. If the covenant is being enforced again now after years of not being enforced, it is best to seek the help of a lawyer who has experience dealing with restrictive covenants in real estate to review the deed.

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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