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A conflict with out township resulted when the solicitor cited an "obligation" from a deed written in one home in 1941 (there are 13 homes in the neighborhood), 11 of which were built after this deed was written.
I am familiar with the concept that you are required to uphold obligations written on your property that are not in your deed, but are in the deeds of former owners. For instance there may be an obligation in the deed of two previous owners that you cannot sell alcohol from the property. This restriction may have been omitted from your deed, but you are still under obligation from the previous deed.
But this case is different. The deed restriction only applied to one home in the neighborhood. It was never repeated for the other homes as they were built.
Is there any precedent for an obligation being conveyed this way? Don;t just tell me to hire a lawyer, because we are $100K in to paying lawyers already.
I think you'd better up your payment to the lawyer.
No one on the anonymous internet can tell you what the legal answer is. We don't know where you live; we don't know what covenants or obligations are in the documents; we don't know the case law and precedents; also, and most importantly, we make up stuff because it's anonymous.
There are a million thoughts in my head about your post.
It is lawyer territory, for sure.
And, no one here can help you, particularly without all the gory details. We do have a couple of attorneys who pass through from time to time, but they won't be help either, without all the gory details.
Some deed restrictions run with the land. Some may expire after a certain length of time. Some are clearly invalid and are unenforceable. Some can be challenged legally to have them overturned. Some are simply ignored and no one is around or has standing to seek enforcement. I suspect that your situation falls into one of these categories.
Is this some sort of guessing game? This is one of the vaguest threads I've ever seen on here. It's like saying I've a problem - guess what it is.
Sadly, this looks like another "tragic" drive by posting. Sometimes people post vague questions hoping for an instant answer and then never respond to questions asked for clarification.
OP has spent $100,000 on an attorney to clarify a simple deed question, and now the internet is going to provide a better answer for free?
Got it.
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