Removing CC&R’s from unimproved land

What is the process, and who has the authority to remove CC&R’s from unimproved land in Maricopa County, Arizona?

Asked on June 26, 2009 under Real Estate Law, Arizona

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You'd have to file a lawsuit in the court for Maricopa County, most likely.  It's very hard to be more specific without seeing your deed and how the CC&R's are worded;  it might be possible to ask the people protected by those restrictions to release them, and if they agreed, you'd need to have papers drawn that you could record to establish the release.

Real estate law and procedure varies somewhat from one state to another, and sometimes even within different parts of the same state.  For advice you can rely on, based on all of the facts, you should consult an attorney in Maricopa County.  One place to find a lawyer is our website, http://attorneypages.com


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