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Old 03-23-2015, 09:16 AM
 
2 posts, read 3,337 times
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Some houses in my subdivision have been turning into duplexes. I got a copy of the restrictive covenants and it lists that each plot will be only used for single family homes. Duplexs are strictly prohibited.

My question is do restrictive covenants actually mean anything? This document was written back in the 70s but it is still attached to every deed when someone purchases a house. I checked my deed and it was listed on there.

If it does actually mean something, then who at the city or state would I contact to get the problem looked into?
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Old 03-23-2015, 09:31 AM
 
Location: Brentwood, Tennessee
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Are you in the Nashville city limits?
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Old 03-23-2015, 10:38 AM
 
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In Davidson county but outside of the Nashville city limits.
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Old 03-23-2015, 11:08 AM
 
Location: Brentwood, Tennessee
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Then I would call the Metro codes office and ask them, 862-6590.
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Old 03-23-2015, 12:32 PM
 
Location: Franklin, TN
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Quote:
Originally Posted by gdaddy42 View Post
In Davidson county but outside of the Nashville city limits.
Which municipality?
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Old 03-23-2015, 01:35 PM
 
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HOA would have to enforce.

Also restrictive covenants expire. It depends on the state how long they last. You may want to talk to a real estate attorney
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Old 03-23-2015, 01:37 PM
 
Location: Gallatin, TN
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And also check to see if there were any amendments to the covenant made which would allow duplexes...

But definitely check with a real estate atty.
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Old 03-24-2015, 12:43 PM
 
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I think you'll have to talk with an attorney. The city doesn't enforce contracts between people (which is what a deed restriction is) until there is a lawsuit. All the city cares about is what current zoning allows, and much of the residential zoning in Nashville allows two family residential (all "R" zoned properties).
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Old 03-24-2015, 10:41 PM
 
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Quote:
Originally Posted by septimus View Post
.... restrictive covenants expire. It depends on the state how long they last. You may want to talk to a real estate attorney
How can one determine A) that there is a restrictive covenant on your land? and b) when it expired or expires?

A Google search didn't reveal much that I could see which was relevant.
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Old 03-25-2015, 03:28 AM
 
2,428 posts, read 5,545,217 times
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Quote:
Originally Posted by bigcitymike View Post
How can one determine A) that there is a restrictive covenant on your land? and b) when it expired or expires?

A Google search didn't reveal much that I could see which was relevant.
The general rule is 50 years but that could be different in TN. I took the bar in Mass, NY and TX. No clue about TN Law.

You really want discuss with an attorney who specializes in this area. Call the Nashville Bar for a referral.
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