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

UPDATED: Jul 6, 2009

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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


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

Answered 13 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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