Do protective covenants apply to us if they were not filed with the clerk of court prior to our purchase of the land?

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Do protective covenants apply to us if they were not filed with the clerk of court prior to our purchase of the land?

Prior to buying a piece of land, we were aware there would be covenants and saw a draft copy. We purchased the land. At the time of purchase covenants were not recorded with register of deeds. Almost 1 year later we were emailed copy of final covenants – not signed or recorded. Two months later, still see no evidence ever recorded with county. Are these covenants attached to our deed? If not, and we sell the house that we built on the land, are the future buyers subject?Thanks.

Asked on July 6, 2009 under Real Estate Law, North Carolina

Answers:

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

Answered 11 years ago | Contributor

That's a very interesting question, and the answer may depend on your purchase contract and some other facts.  There are some interstate variations in the law, and I'm not a North Carolina attorney.  For reliable advice, you need to have a full review of the situation by a lawyer in your area.

In many states, the failure to record the covenants before the closing could be treated as a waiver of the restrictions.  However, depending on the situation and your contract, there might be a way for the seller to correct the problem.


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