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Old 05-30-2013, 12:54 PM
 
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Re land that isn't the original owners anymore. It may be that all purchases came with deed restrictions. In the deed. Can you read your parents' deed?

Yes, can't claim you're doing something "illegal" because everyone else is...unless perhaps it's for the greater good like avoiding crashing into an oil truck.

I do know places where RV parking in private driveways and commercial vehicle parking in condo parking lots all in an hoa and against regs are going on right now and the argument is ... everyone else is doing it. And the funny thing is, though, the bullies on the board are taking that. And slowly going through their lawyer to see how they can legally enforce their bylaws...?? Crazy. So, in this case, I think it's because the RV/commercial vehicle people have something on those bullies. I know they do. So maybe they threatened to use it.

Do you have anything you can use for a little mutual hand washing?

I don't know the intricacies when it's not hoa but you may look into suddenly finding the need to sue others for not obeying their deed restrictions...or the developer for not enforcing if he's the enforcer.

An argument might be that your parents moved into a community under certain conditions...those deed restriction. And now they find the vinyl unsavory and the aluminum unpalatable and bringing down property values...whatever.

You don't need to really sue...just say you're considering. Maybe a few neighbors will tell happy hands that he better forget about this whole thing because it's messing everyone up now.
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Old 05-30-2013, 01:31 PM
 
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Quote:
Originally Posted by crua9 View Post
The covenants doesn't have anything about a HOA in it. When this area only had 7 houses, they tried to make it then. No one agreed to it then.
(I don't know if you need a 100% giving it's 74 or so lots. I think 47f is for 20 lots or less)

The covenants was made around 1990.
But what are the covenants from? If there was no HOA how did you end up with covenants? Or are you saying they aren't recorded? If not recorded then what is above is correct. Voluntary possible but no teeth.

Go here: Browser Test - Wayne County Land Records Internet Search

Put your neighborhood name under Last/Company name and nothing else. Abbreviate as much as you can to get the most hits. Don't specify a document type. See what comes back. If there is anything under Restrictions or similar then read them. You might also find some maps that you'll want to download just because it's fun.

If they ain't recorded it's too late.
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Old 05-30-2013, 01:36 PM
 
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Originally Posted by faabala View Post
If there is no HOA to enforce the covenants then they will have to sue you in court to enforce them.
What covenants would be enforceable outside of HOA?
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Old 05-30-2013, 01:57 PM
 
14 posts, read 13,631 times
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Quote:
Originally Posted by GCharlotte View Post
But what are the covenants from? If there was no HOA how did you end up with covenants? Or are you saying they aren't recorded? If not recorded then what is above is correct. Voluntary possible but no teeth.

Go here: Browser Test - Wayne County Land Records Internet Search

Put your neighborhood name under Last/Company name and nothing else. Abbreviate as much as you can to get the most hits. Don't specify a document type. See what comes back. If there is anything under Restrictions or similar then read them. You might also find some maps that you'll want to download just because it's fun.

If they ain't recorded it's too late.


Thanks for the link. I've been looking everywhere for it.

I always thought it was one of those covenants that was attach to the land. I think they call them land runs or something like that.


BTW I can't find them on the records, but is it possible they are on the books but not listed? Also, I'm going to ask around to figure out if what's going on.
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Old 05-30-2013, 02:00 PM
 
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Quote:
Originally Posted by GCharlotte View Post
What covenants would be enforceable outside of HOA?
I'm wondering the same thing. Also, I am trying to find the record on the wayne online file. (I can't find it so far)
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Old 05-30-2013, 02:07 PM
 
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Quote:
Originally Posted by crua9 View Post
Thanks for the link. I've been looking everywhere for it.

I always thought it was one of those covenants that was attach to the land. I think they call them land runs or something like that.


BTW I can't find them on the records, but is it possible they are on the books but not listed? Also, I'm going to ask around to figure out if what's going on.
They'd be listed. Worse case go down to the ROD office in person. Sometimes they don't have everything online. You should be able to find maps at least. Usually these things are filed under Restrictions but they could be filed otherwise.

To see the formal name of your neighborhood, search on your own name and pull up your deed or check your deed of trust (mortgage). The less info you search on the better chance you have at getting a hit.

Example:

Heaven at Gateswood

Search on "Heaven" (without the quotes). I'm very familiar with the software Wayne uses since it is the same used in Mecklenburg.
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Old 05-30-2013, 02:20 PM
 
Location: Fayetteville, NC
1,490 posts, read 5,217,894 times
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Lots of neighborhoods have restrictive covenants but no HOA. The one I live in in Cumberland county is like that. Each property owner has the ability to enforce the covenants though the court system. I would much prefer this system than living under an HOA.
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Old 05-30-2013, 09:49 PM
 
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I guess they put my 2 post (ON 2 DIF QUESTIONS) into 1 post. I wish this site told me/haven't done that because now it's kinda confusing. Great job mod.

Anyways, I asked my parents and they said the things is recorded. I have to go with what they said right now because I can't even find their deed online.
I'm going to see if I can get my hands on the covenants.

Anyways, giving that most of covenants isn't really enforced, and almost the entire area breaks it. What is the chances of getting the thing removed altogether or changed.
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Old 05-31-2013, 09:06 AM
 
2,818 posts, read 3,334,409 times
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Quote:
Originally Posted by cully View Post
Re land that isn't the original owners anymore. It may be that all purchases came with deed restrictions. In the deed. Can you read your parents' deed?

Yes, can't claim you're doing something "illegal" because everyone else is...unless perhaps it's for the greater good like avoiding crashing into an oil truck.

A restrictive covenant is not a law and a purported breach of one is not "illegal". Moreover, there are plenty of defenses to a purported breach of restrictive covenant including: "no breach", laches, waiver, abandonment, and statute of limitations to name just a few. Although "greater good" is not an element here, the "greater good" would be the free and unrestricted use of land.

The conduct of the rest of the subdivision is absolutely relevant and may be particularly helpful at establishing defenses if the statute of limitations has not yet passed. If necessary to establish that the SOL has passed, the OP's parents can also get the benefit of the period of time prior to their purchase if they can establish that the purported violation existed at that time (i.e., the running of the SOL can start before their purchase if the "breach" existed before their purchase)
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Old 05-31-2013, 02:24 PM
 
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Quote:
Originally Posted by crua9 View Post
Anyways, giving that most of covenants isn't really enforced, and almost the entire area breaks it. What is the chances of getting the thing removed altogether or changed.
Ugh, I don't know how you could get them removed. I'd be interested in knowing how long the trees have been allegedly encroaching if that's what he was saying.

As far as discrimination goes, you have to remember the saying that a district attorney can indict a ham sandwich. Meaning, it don't really matter what the rules or situation is. If the other guy has the means and is mean then watch out. It's gonna cost ya.

If there's a simple solution find it. If not then the guy has to sue directly out of his own pocket. But that means your parents have to defend out of theirs and that could race to tens of thousands of dollars.

It simply doesn't matter what has been going on with the other lots. The court isn't going to research that for you. You're going to have to present a defense. Right or wrong it's going to suck.
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