Buying or Selling a Home/Deed restriction

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Expert: - 5/2/2007


Question
I am buying place in lake community as vacation home (built 1989).  In deed restrictions it states buildings must be at least ten feet from property line. The garage corner is exactly 8 feet and a freestanding (6x6) shed is only 2 feet.  None of these go over the property line.  These have been on the property since at least 2001.

Can I be forced to move these down the road by the lake association? Obviously very expensive to do.  

Answer
There must be some kind of grandfather clause, Larry. Otherwise, how is it that the property was able to be sold to you with those CC&Rs in place? How is it that the Realtor who helped you buy it did not catch those CC&Rs? How is it that the title company involved did not catch those CC&Rs and advise you? When you get the answer to those questions, Larry, you might have your dilemma solved. Chances are a local real estate attorney should be called into this. I do wish you well.

Dick Dennis

Buying or Selling a Home

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Dick Dennis

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With more than 41 years as a real estate broker, I can solve most any problem presented. If I can`t, I do my research. Problems with mortgages, trust deeds, foreclosures, odd ways of conveying titles. Most any good Realtor can answer questions satisfactorily, but I answer questions that most cannot. Also, ask about my hard-copy newsletter, The Landed Gentry. It can also be sent to you via PDF.

Experience

Solving real estate problems for 37 years.

Organizations
National Association of Realtors

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Publishes The Landed Gentry, guest writer in Who's Who in Creative Real Estate, First Tuesday, Financial Freedom and many newspapers

Education/Credentials
e-Pro Realtor, Certified Distressed Property Expert, Who's Who in Creative Real Estate

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