Can rules of a deed restriction be enforced after 10+ years, with only certain rules be enforced?

I live in a park with a deed restriction made up 39 years ago. I bought my home with a fence and shed. Now, after 10 years, I have received a notice from a lawyer saying I am in violation of the deed restriction for having a fence and shed (which was here when I bought the place). Can they do this? Also, they are only enforcing some of the rules in the deed restriction, not all of them. Is this legal?

Asked on November 4, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. If you bought property with a fence and shed in violation of recorded retsrictions as to your property that had been existing for years before, there is a possibility that the requirements prohibiting the items now being objected to have been waived and you may be able to keep the fence and shed as is.

In order to deal with this situation, I recommend that you consult with an attorney who practices real estate law  and in the area of restrictive covenants. Good luck.


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