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Old 06-16-2013, 07:27 PM
 
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Hi, we purchased a house a few years ago. This house was built in 1980s. We applied for fence replacement permit because our fence fell down during Sandy. It turned out that there is about 10' municipal easement on one side of the fence that we did not know about. (The fence was already there for over 30 years.) Township no longer allows us to replace the fence in that area so we applied for variance and it seemed like our variance could be approved because we agreed to remove fence in that area if there is need for township.

However, during variance meeting, we were suddenly advised to add deed restriction in our deed because it turned out that, in 1980s when the area was first developed, there was a plan to install sidewalk on the municipal easement area between my home and my neighbor and it might still happen. Unlike my neighbors, we are the only ones who cannot install fence and need to have deed restriction because I want to replace fence.

What is disadvantage of having deed restriction like this and what can I do about it? It seems that it is unreasonble for township to request something like this now... Thanks in advance.
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