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My wife & I have been looking at land give or take 2-6 acres.
I ran across 4 acres I believe it was, while the land wasn't in a subdivision & had no restrictions it did say that you have to have at least a 1,400Sf house?
How can the seller tell you what you can or can't not build on your land?? As long as there are no restrictions I don't understand this.
My wife & I have been looking at land give or take 2-6 acres.
I ran across 4 acres I believe it was, while the land wasn't in a subdivision & had no restrictions it did say that you have to have at least a 1,400Sf house?
How can the seller tell you what you can or can't not build on your land?? As long as there are no restrictions I don't understand this.
I live in a rural township and the township has restrictions on the minimum size of lots, what size house you can build, how many animals you can have on smaller lots, etc.
Even places "in the middle of nowhere" often have similar rules & restrictions.
How can the seller tell you what you can or can't not build on your land?? As long as there are no restrictions I don't understand this.
Most places have some type of zoning restriction--minimum lot size, building restrictions, etc. In all likelihood, the Seller was just informing you that one of those restrictions pertained to the minimum size of the house that you could build on the property.
There are areas with no zoning restrictions, but you'll have to search for them.
a deed restriction placed by the current or a former owner. as long as it doesnt discriminate against a protected class of individual
While a Deed restriction is possible, it's highly unlikely in this case. Besides, Deed restrictions can be very difficult to enforce over time--especially when the person who placed the restriction is no longer around.
A deed restriction is totally enforceable even if the creator of the restriction is dead. While it is likely that no one will come after a new owner for violating the restriction, he could still be sued by a neighbor or busybody who noticed and objected.
A deed restriction is totally enforceable even if the creator of the restriction is dead. While it is likely that no one will come after a new owner for violating the restriction, he could still be sued by a neighbor or busybody who noticed and objected.
With Deed restrictions there can be an issue over legal standing to enforce the restriction, there can be an issue with finding heirs who will step up to enforce it, and there can be an issue with the restriction simply being ignored.
There was a particular YMCA camp in northern Michigan that had a very strong Deed restriction on it--the camp had to remain a camp in perpetuity. Guess what the camp is like now? It's a housing subdivision.
To say that a Deed restriction is totally enforceable is, sadly, incorrect. (And I'm sure that enforcement capabilities may vary somewhat by state.) Deed restrictions have generally fallen out of favor and the preferred way to restrict property is now through conservation easements. But...that's not to say that Deed restrictions are no longer useful or oftentimes enforceable. Heck, I've imposed Deed restrictions myself. They're better than nothing, but I realize that they don't always last forever.
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As long as there are no restrictions I don't understand this.
