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View Full Version : Do deed restriction expire?


BEDFORD AVE
Nov 20, 2008, 01:15 PM
Do deed restrictions ever expire?

LisaB4657
Nov 20, 2008, 01:25 PM
They expire only if the restriction contains a specific expiration date. Otherwise, no.

Fr_Chuck
Nov 20, 2008, 01:30 PM
In general no, some may have a date written in with them.
Can you give us more details about this

BEDFORD AVE
Nov 20, 2008, 01:40 PM
In general no, some may have a date written in with them.,
Can you give us more details about this

It does not have A date

Party A sold a property to party B and made some deed restrictions

After 30-40 years party B sold it to party C

Is party C still restricted from using his property by be the old restrictions?

Who can enforce it?

LisaB4657
Nov 20, 2008, 01:54 PM
As long as the restrictions were contained in the deed then yes, party C is still restricted. Anyone who benefits from the restrictions are entitled to enforce them. For example, if the restriction says that a structure may not be built on the property more than 25 feet high then any neighbor may sue to enforce that restriction.

Courts are usually very liberal about allowing people to enforce the restrictions. If the restrictions have anything to do with the appearance or use of the property then just about anyone who can see the property will be entitled to enforce the restriction.

BEDFORD AVE
Nov 20, 2008, 03:26 PM
Thanks Lisa

Following is a quote from the deed restriction
"and it is hereby mutually agreed by and between the said parties hereto that no carpenters shop shall be erected or put upon the said premises not any other buldinging or thing which in its nature shall be considered a nuisance or offensive to the neighborhood"

Does that mean that if the community don't want to have A very tall building or any other type of building it will not be permitted?

LisaB4657
Nov 20, 2008, 06:47 PM
Not necessarily. A carpenter's shop is definitely not permitted. As for any other type of building, it depends on whether it would be considered a nuisance or offensive to the neighborhood. For example if it's a residential area then a barn or stable might be considered offensive.

Tell us what kind of building you want to put up and maybe we can give you a clearer answer.

BEDFORD AVE
Nov 21, 2008, 09:01 AM
This is the situation

I am building A luxury condo high rise glass tower (20 floors) in a mainly middle income neighberhood, were the buildings are not above 7-8 floors

Community members are concerned that my project will raise their property tax and may eventually lead to the displacement of some long time area residents.

Can they stop me from going forward with my project?

The building is allredy in construction (reaching around 12 floors), and all permits are in place.

LisaB4657
Nov 21, 2008, 11:20 AM
You'd better speak to a real estate attorney in your area who specializes in land use. They may be able to stop or at least delay your project.