Tue 29 Dec, 2015 01:48 pm
If a property owner places a restrictive covenant in the deed to his property, does the restriction continue in perpetuity, long after his death no matter how many times the property changes hands?
This is covered by bane of the existence of most law students - The Rule Against Perpetuities
Don't ask me to explain it in depth. Like most people who have ever taken the Bar, you forget the details afterwards unless you do Real Estate practice.
It depends on many things including city/county codes, but there are ways to get around some restrictive covenants by getting the approval of your neighbors -in writing. It's a good idea to get an attorney.
Its Good Reply....I agree with you....
It is the responsibility of the developer to monitor and enforce the Property Covenants they have set in place, and they last as long as the developer enforces them or up to 10 years. The responsibility of monitoring and enforcing covenants and by-laws can often be passed along to a body corporate to monitor and enforce the after the initial Covenant period has expired.
"As long as the developer enforces them or up to 10 years."
If the developer enforces them for more than 10 years? As this written into State law?
Beware of any specific
number like that when talking about the law. Specific numbers are almost always the hallmark of one particular jurisdiction. The law varies from country to country and state to state. One size is nearly never going to fit all. A specific number in a legal answer, unless the jurisdiction is known, is nearly always going to be wrong.
When we bought our home/property, I remember reading about the convent on what's underneath the ground. We have no rights to oil or water.
That's common around here. According to 'common knowledge' there are simply no land sales that include mineral rights. The question is whether the land owner can deny access to, say, Conoco/Phillips.
Hi cicerone imposter,
Great and well-written post. I totally agree with you. Hiring an experienced attorney is the best way to deal with this problem.