who enforces covenants and deed restrictions

I build my house in an area that had written covenants and deed restrictions and have now found numerous violations of these issues. Who is responsible for enforcing these and how do I go about getting these issues corrected?

Asked on September 12, 2017 under Real Estate Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no government agency which enforces these: rather, a property owner who is negatively impacted or harmed by a violation of a deed restriction or covenant can bring  a legal action (lawsuit) to enforce them against anyone violating them. Or if there is a HOA, the HOA could take action to enforce them (again, via a lawsuit)--but in either event, it is a private party (property owner or HOA) which enforces these, not a government agency.

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