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About Al Romero, Ltrs.
Expertise
I can answer questions relating to general Real Estate in Pennsylvania including questions relating to Real Estate Investments and Landlord issues. I cannot delve out of my expertise ie;as in the practice of Law. www.yorkhomeguide.com

Experience
5 years as an Investment property Advisor with a local Investment firm and 3 years of general practice.

Organizations
National Realtors Association R.A.Y.A.C Pennsylvania Realtors Association H.A.R

Publications
york listings Central Pa Real Estate Investors guide

Education/Credentials
Center of Real Estate Law and Sales Practice. Ltrs certified. housevalues agent certification.

Awards and Honors
$10 million Club

 
   

You are here:  Experts > Real Estate > Real Estate by Location > Real Estate: Pennsylvania > deed stipulations

Topic: Real Estate: Pennsylvania



Expert: Al Romero, Ltrs.
Date: 11/14/2007
Subject: deed stipulations

Question
QUESTION: Hi,
Hopefully you can offer me some additional insight. I am currently in the process of purchasing a building (commercial) for the purpose of vehicle dismantling and repair. The seller has two buildings situated next to each other, only one of them is available for purchase. The seller wishes to stipulate on the deed that no mechanical repairs can be performed in the building once purchased. My questions are: would the seller be able to stipulate something like that? How long would a stipulation be effective? What can the repercussions be for violating a deed stipulation? Thank you for your time and expert help, I look forward to hearing from you.
Fred

ANSWER: Yes deed stipulations can be added to limit use. Including auto repair. How long you ask ,well if it is in the deed it is forever or a judge rules it illegal.
If I were you and you plan on doing that type of work look for another building. You will be dealing with the township/city and they can fine you and even throw you in jail. locally we had an owner to a property were it was deeded no adult entertainment and guess what he was doing. he is in jail right now.

Al

---------- FOLLOW-UP ----------

QUESTION: Al,
Thanks for your fast response! I have another question. How is it legal or accepted that the PRIOR owner of a property can specify what a new owner can or cannot do? I can understand if it violated local ordinances or was part of a nussiance law OR if it was stipulated BY the township/city, but what you are saying is if I sell my house tomorrow and stipulate that at no time shall more than three persons occupy the premisis, the new owners would be bound by that? I guess that is where I become confused.
thanks again, Al.
Fred
Knucklebusters

Answer
try this site for a better explanation http://homebuying.about.com/cs/deedrestrictions/a/restrictions.htm
This is a case in Texas but can give you an idea of how it can play out http://austin-texas-opinions.blogspot.com/2007/08/deed-restrictions-injunctions-... any more info than this you may need to have answered in the Attorney section.

Good luck
~AL

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