Restrictive Covenants

[archimedes]

I've looked at some properties that have restrictive covenants,  but no HOA.

Whose responsibility is it to enforce these?  Anyone have any experience with these?

[peternap]

It depends on the state. It varies but generally, anyone can enforce them.
Some Judges require the plaintiff to have standing but that could come from someone miles away who drives by once in a while.

Everyone has their own tolerance level, but I wouldn't even consider buying anything with RC's.

I bought a Blazer this week from a man that had just bought a house in a neighborhood with RC's. It was his baby but he wasn't allowed to have recreational type vehicles that were not garaged and he only had room for two cars in the garage.

I have to move the F150 to park it so it's sitting in my yard. I don't care who doesn't like it!

[archimedes]

Problem is that all the decent lots in the area I'm looking in are either HOA's or have deed restrctions.

[firefox]

Living in an HOA is kind of like agrabusiness where they keep the
animals in these restrictive cages so they don't get tough before
they are slaughtered. If this is the lifestyle you are looking for,
then, go for it. If not, then start running until you collapse.

Just my two cents,
Bruce

[duncanshannon]

we purchased land with some RC's.  I'm OK with them.  I'd prefer nothing, but like your experience, most of the land I looked at had some.  There is no HOA.  I was a little concerned because there is an LLC setup to govern a private road too.  I consulted a lawyer (and family member) and he didn't have any concerns.

In the end, it comes down to what are the restrictions and how do you feel about them?

I cant gun hunt.  Would have been cool to be able to offer the land to friends who hunt (i dont) but oh well.

Must have an 'earth toned' siding.  Must have 5/12 pitch or greater.  No 'junk' automobiles. ok in my book.

Only one I didn't really like was... once you begin excavation, you must finish the exterior in 1 year.  I was hoping to draw things out more.  Just means I'll have to save longer and start later.

One area i looked at had no RC's.  Just down the street was a caved in crappy old mobile home.  Another guy had all sorts of junk in the yard.  I'm ok with the idea of trying to keep things in the area 'nice'.  just gotta find a lot with RC's that you can live with.

I also don't really understand how they will be enforced.  They are on file with the county for this 'sub-division'.  In theory the other owners, if so inspired, could enforce them.   One big thing I don't have a feel for yet is... how strict or relaxed will the people/enforcement be.  Am I the crazy 'city guy' who expects them to be followed strictly and this is rural land with more laid back approach to life? who knows.

what are some of the RC's that you are encountering?

[Squirl]

It has been a while since I read the law.  IIRC, Peter is right.  First the building inspector, then anyone who wants to make the effort to sue can enforce them.  I am happy with mine. They require no junk cars or mobile homes.  These were written into almost all subdivisions in this area for the past 20 years.  It will keep people from building around me for a long time.

[archimedes]

Here's what they say;

1.  The premises herein conveyed shall be used for residential purposes only.  No trade or business of any kind shall be carried out on the said premises

2.  No tent,  trailer,  mobile home,  unlicensed car,  shack,  temporary building,  outhouse,  privy,  chemical toilet,  or unsightly structure shall be permitted on the premises nor shall the premises be used for garbage disposal,  dump or junkyard.

I don't mind most of the restrictions but I get a little concerned when they get as specific as "no tents".  I might stay in a tent while building.  

Plus I was thinking about a composting toilet too.  I guess that wouldn't fall under "chemical toilets" though.

And "shack" seems like a subjective term.

[Gary O]

Archimedes, are you looking at town/city lots or rural?

In our experience, intent was what was enforced, not so much the letter as far as covenants....depending on neighbors.
The 'no tents' clause may be deemed laughable in most rural areas, but of course a city lot may have 'next door' neighbors that would have a problem with long term campers.
In our not so recent experiences, we've had properties that fell under blanket covenants of which didn't really apply to the rural area, such as a camp trailer being taboo.
For a few weeks I became Ken Kerns' disciple, carrying around The Owner Builder and the Code till the cover fell off.
In my naïve youth I trudged in to the county office, and the guy put his arm around my shoulder, walked me away from the front desk and told me to live in my camp trailer while we built our garage, of which we were going to live in until the unfinished house was livable.
Then again, now that you mention composting toilets, the lady at the county office, governing the land we have now, flatly denied any possibility of using one, of which the feds overruled. So it seems it can even depend on the character makeup of who you contact sometimes, and how much follow thru your psyche can tolerate.

Recently, in the area of our cabin, a neighbor turned in another neighbor because his one acre lot was pretty much a junk yard, a holding lot for presumably metals for recycling.
So the guy paid his fine, moved some stuff around, and turned in the plaintiff cause his wood shed was not to code....it gave the plaintiff a bit of pause for next time as he paid his fine and brought his freshly permitted shed up to code.
Again depending on the area and (as mentioned) the state or county, in our experience, enforcement began with neighbors, and the home baked brownies technique usually opens the front door for friendly chats............
Then again, authorities do not patrol our cabin area, and really hate to come out, but do under the duress of having to from time to time, so they brush up on things like pig squealing and such....

[Bob S.]

I would not buy a piece of property that had these CC&R'S. The fact that it prohibits the use of a camper would turn me off. As I would like to spend weekends camping while I was building. I would look further out in a more rural area for property.

[peternap]

They aren't too bad and I expect you could ignore most of them for now, but what happens if you build and en years later you get a snippy person that doesn't like your house.

or unsightly structure shall be permitted on the premises

[Squirl]

Those seem a little too restrictive for my tastes.  Peter nailed the one that most concerns me.

[archimedes]

I talked to the realtor about the covenants and he said that other potential buyers had raise concerns about them also.  But the seller won't change them.

I'm going to check with the county and see if they get involved with enforcing these restrictions or whether it's completely up the the other property owners.

If it's only going to take an anonymous phone call from a disgruntled neighbor to cause me trouble then these seem too restrictive.   It it requires overt legal action on the part of the disgruntled neighbor it might not be so bad.

Is someone really going to hire an attorney and file a lawsuit to make me take a tent down?  I doubt it.
But if it's as easy as making an anonymous phone call to the county,  so the county code official does the dirty work,  then that could be a problem.

We'll see.

[Squirl]

The seller can't change them.  The covenants run with the land.

If someone is an attorney, court employee, works in a law office, works for the government, or knows how the legal system works it costs them nothing but their time to make your life hell.

While building my house two neighbors stopped by.  One is on the town planning board, and one is on the town assessment board.  I didn't know that until they stopped by, looking for my permit.  They both called the building inspector to make sure I was conforming to local laws and covenants.  I was talking to the planning board guy about all the properties in the area.  I had an exhaustive title search done back to when they were all one property.  I had copies of the deeds of every neighbor for almost a square mile.  I mentioned the restrictive covenants, and pointed to the mobile home down the road.  It was built 25 years ago.  It violates the no mobile homes covenant. The member of the planning board was quick to point out that I could sue and have his home removed.  I don't want to do that.  He was here first and for 25 years, but I would in an instant if anyone else tried to put in a mobile home. He also asked me to email him copies of the restrictive covenants.  There are a few that dropped off the description of the deeds when they changed hands.  It doesn't mean they aren't there or still in force.  The covenants run with the land. (People seem to really dislike mobile homes)

It is a hell of a thing for a neighbor to have power over you.  Here are a few common ideas that violate those.
Home office
Barn (farming is a business and agricultural)
Livestock – possibly even a horse
Classic car or truck restoration or keeping any vehicle unregistered
Large family or social gathering (Tent)