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    coronageek's Avatar
    coronageek Posts: 1, Reputation: 1
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    #1

    Mar 4, 2012, 11:22 AM
    Land deed restriction on subdivided lots in the country
    Five years ago we bought 2 lots of 5 lots, located out on a country road, in the county. The speed limit on the road is 55 though not posted. There is no private entrance to these lots. They are just along the side of a road. The seller of these lots sold them to a rinky dink builder who then sold them to us and 2 other people. When the original owner sold them to the builder, they had listed as a restriction, no mobile homes or modular homes will be allowed. This is silly because the owner, who lives almost next door to us, has a trailer on the left side of his house, the right side of his house and one almost across the street. Plus there is another mobile home up the street from my house.. The original owner listed these lots as BLANK ACRES. ( don't want to give the actual name here ).. They have also called it a subdivision. My understanding of a subdivision is quite different from a few lots along a country road but, whatever..
    1. Do these restrictions honestly hold water or can they modified? ( modular homes, etc )
    2. Does this section of 5 lots actually constitute a subdivision with no private entrance, no home association fees, no parcel of land still owned by the "developer" to enforce these restrictions.

    A member of my family purchased 2 of the lots on the far side or rather, the end of the divided lots, so all lots have been sold to someone and there are to date, 2 homes on 3 of the lots. They want to sell the lot because they decided not to build here. The problem is they can't easily sell the remaining 2 lots because the realtor is telling prospects - they can't put a mobile home or modular home on the lots. Is there anything we could do, or is this restriction pretty much bogas.
    Thanks very much for any help with this issue..
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Mar 4, 2012, 02:17 PM
    Quote Originally Posted by coronageek View Post
    ... When the original owner sold them to the builder, they had listed as a restriction, no mobile homes or modular homes will be allowed. This is silly because the owner, who lives almost next door to us, has a trailer on the left side of his house, the right side of his house and one almost across the street. Plus there is another mobile home up the street from my house.. .... Is there anything we could do, or is this restriction pretty much bogas.?
    Thanks very much for any help with this issue..
    What the original owner does with other property doesn't matter. If it's a deed restriction it is a covenant between the present owners of the 5-lot subdivision. If all of them are living up to the covenant, you, or whoever in your family who owns the lots you describe, has to too.

    Quote Originally Posted by coronageek View Post
    ... ... The original owner listed these lots as BLANK ACRES. ( don't want to give the actual name here ).. They have also called it a subdivision. My understanding of a subdivision is quite different from a few lots along a country road but, whatever..
    ...
    2. Does this section of 5 lots actually constitute a subdivision with no private entrance, no home association fees, no parcel of land still owned by the "developer" to enforce these restrictions.?
    ...
    Your understanding of a "subdivision" is not correct. You are thinking of a gated community having a homeowners' association. But a subdivision doesn't have to have all of those features. In general, assuming the law in whichever state you live in is not different, a subdivision is merely what happens when land is divided into two or more pieces, and it is generally done by the recording of a plat, once that plat has been approved by the appropriate authorities.

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