What to do if I purchased 2 lots in a development but a neighbor is telling me tht the home I am building is in violation of the restrictive covenants?

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What to do if I purchased 2 lots in a development but a neighbor is telling me tht the home I am building is in violation of the restrictive covenants?

When I purchased the land I went to the county courthouse and checked the deed and there are no restrictions, easments or covenants attached to or filed with the deed. Further research has led me to discover that the origional developer (now bankrupt and out of business) filed covenants 6 years ago when he originally developed the land but they were not properly filed because the lot configuration changed. Is this an enforceable covenant? 80% of the other homeowners are also in violation in some manner.

Asked on October 5, 2012 under Real Estate Law, Wisconsin

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not the deed that you have to the property that you have written about is subject to the restrictions does not necessarily ring true by simply looking at the deed. Rather you need to review the presumed preliminary title report and the title report concerning the property you acquired to make sure there are no recorded restrictions on your property.

I suggest that you may want to consult with a real estate attorney to assist you in such an endeavor to see if there is an enforceable covenant recorded on your property.


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