If you were not aware of any covenants until after you bought a property and your deed does not refer to them, are you bound by them?

Asked 2/7/2012 under Real Estate | 130 View(s) | More Legal Topics

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Hong Shen / Robert Law Group Answered 3 months ago | Contributor This attorney is licensed in California

It depends. But typically, a real covenant is an interest in land so it mus be in writing to satisfy the requirements of statute of fraud. The subsequent owner must have notice, actual, inquiry, or constructive notice for the covenant to run. It may not come with the deed but if it deems that you had inquiry notice, then it would run. You will have to consult with an attorney in your area for details of that covenant and whether it runs against you.

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