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Old 02-22-2021, 10:21 AM
 
10,706 posts, read 11,591,073 times
Reputation: 5864

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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.
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Old 02-22-2021, 10:31 AM
 
Location: Phoenix, AZ
3,302 posts, read 1,672,094 times
Reputation: 8668
I'm sure you told your lawyers what the restriction is and why it's an issue with you.

Now tell us.
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Old 02-22-2021, 10:33 AM
 
Location: USA
1,679 posts, read 567,452 times
Reputation: 4377
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.
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Old 02-22-2021, 10:38 AM
 
Location: Rochester, WA
8,714 posts, read 5,454,586 times
Reputation: 23143
Would help if you'd tell us what the restriction is and quote the language in it. Otherwise, how can we possibly give any ideas?
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Old 02-22-2021, 10:39 AM
 
Location: Rochester, WA
8,714 posts, read 5,454,586 times
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Quote:
Originally Posted by Lillie767 View Post
we make up stuff because it's anonymous.

Well, we don't all make stuff up and we're not all anonymous.
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Old 02-22-2021, 11:48 AM
 
Location: Cary, NC
37,165 posts, read 64,552,093 times
Reputation: 37284
Paco.

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.
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Old 02-22-2021, 11:53 AM
 
7,659 posts, read 9,599,212 times
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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.
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Old 02-22-2021, 02:40 PM
 
Location: Somewhere in America
13,423 posts, read 12,281,525 times
Reputation: 23099
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.
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Old 02-22-2021, 03:26 PM
 
Location: Ocala, FL
4,558 posts, read 7,331,665 times
Reputation: 4583
Quote:
Originally Posted by ss20ts View Post
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.
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Old 02-22-2021, 03:39 PM
 
6,788 posts, read 7,809,570 times
Reputation: 17876
So, let me get this correctly.

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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