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Let's say the restrictions were established 70 years ago when a subdivision was created. The city does not enforce them, so who would or who has the authority to do so?
Let's say the bylaws were put into place 70 years ago when a subdivision was established. The city does not enforce them, so who would or who has the authority to do so?
Are you referring to bylaws or deed restrictions? Bylaws are typically enforced by the HOA. Deed restrictions can be enforced by other property owners covered by the same deed restrictions in the same deed platted community.
Do you have a complete copy of these bylaws or restrictions? Typically, it will tell you in there what method of enforcement the provisions carry.
Are you referring to bylaws or deed restrictions? Bylaws are typically enforced by the HOA. Deed restrictions can be enforced by other property owners covered by the same deed restrictions in the same deed platted community.
Do you have a complete copy of these bylaws or restrictions? Typically, it will tell you in there what method of enforcement the provisions carry.
OK, if you own property in the same deed restricted community and the restrictions are being violated, then you have the legal right to bring suit to force compliance. HOWEVER, you should definitely consult an attorney about this because there can be legitimate reasons why the restrictions are no longer enforceable. One of the main reasons is because so many people have violated the restrictions for so long that, in effect, you don't have any enforceable restrictions any longer.
Also, it's possible that SOME of the restrictions may still be enforceable while other restrictions may not be. It depends, in part, on what's happened over the years with regard to enforcement of these restrictions. Also, some restrictions may no longer be legally enforceable because they discriminate against a certain protected class of people.
So, there can be lots of reasons and loopholes why something may not be enforceable, but unless/until you check with an attorney who is knowledgeable in this field, you'll never know if you can do anything about the situation or not. Good luck.
Let's say the restrictions were established 70 years ago when a subdivision was created. The city does not enforce them, so who would or who has the authority to do so?
Read the covenants for enforcement rights.
Look for any expiration date. Some expire in 20, 25, 30 years. Most times they run with the land.
Some are unenforceable. We have neighborhoods in Raleigh with 70+ year old covenants, still of record, prohibiting overnight residence by "members of the Negro race." Unenforceable, and I am surprised the neighborhoods haven't grouped to revise them to remove such clauses.
Somewhere in there you might see something like, "...enforcement by owners by suit or proceedings in equity." Neighbor suing neighbor.
But, truly, you might pay a few bucks for a real estate attorney's opinion. Those are old documents, and probably not as cookie-cutter as we mostly have over the last 30-40 years.
Let's say the restrictions were established 70 years ago when a subdivision was created. The city does not enforce them, so who would or who has the authority to do so?
Do you have a particular issue with one or more violations of the restrictions?
Do you have a particular issue with one or more violations of the restrictions?
I was considering purchasing a house with a decent size lot. I would like to split the lot to build a home. The neighbor has told the seller that you can't split the lot per restrictions. I haven't been able to track down the original deed with the restrictions. I was just curious as to who enforces the restrictions. The city said as long as you can meet the requirements, it can be split and they don't get involved. It was also my understanding, if the the neighbors do get involved, it can be very costly for them. I don't want to breech any restrictions but I also don't want to take a neighbor's word for it. I imagine I'd have to get an attorney involved to actually research it.
I was considering purchasing a house with a decent size lot. I would like to split the lot to build a home. The neighbor has told the seller that you can't split the lot per restrictions. I haven't been able to track down the original deed with the restrictions. I was just curious as to who enforces the restrictions. The city said as long as you can meet the requirements, it can be split and they don't get involved. It was also my understanding, if the the neighbors do get involved, it can be very costly for them. I don't want to breech any restrictions but I also don't want to take a neighbor's word for it. I imagine I'd have to get an attorney involved to actually research it.
City.
Be sure of the zoning, if it specifies a minimum lot size or minimum street frontage, the setbacks, any easements.
And, confirm city services, or adequate room for septic, septic repair area, and water wells on two lots.
City.
Be sure of the zoning, if it specifies a minimum lot size or minimum street frontage, the setbacks, any easements.
And, confirm city services, or adequate room for septic, septic repair area, and water wells on two lots.
Yes, definitely
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