CC&Rs with no HOA

Started by DS2 • 6 replies • 1740 views

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DS2 (Connecticut)
Posts: 2

Posted:

Hi,

I own a property with restrictions and covenants attached to the deed that apply to my property and 3 others. The developer put these restriction in place many years ago however a couple of the restriction require permission from the Grantor. We want to put up a fence between our property and the adjacent sports club, not near any of the neighbors.

The restriction language is as follows: "9. No fences or walls without the permission of Grantor - approval designated by signing of the diagram." The rest of the document is also poorly written.

Given that it's been about 30 years since the houses were built and sold, what level effort should I go to to find the "Grantor"? I have the couple's names.

Thanks

TimB4 (Tennessee)
Posts: 21,059

Posted:

DS2,

With only 4 homes, why not simply contact the owners and get them to sign something that says they have no problem with the fence.

Tim

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By TimB4 on 09/23/2014 2:40 PM
DS2,

With only 4 homes, why not simply contact the owners and get them to sign something that says they have no problem with the fence.

Tim

Perfect advice Tim.

Sikubali jukumu. Read all posts at your own risk.

DaveD3 (Michigan)
Posts: 796

Posted:

Is there any language that specifies what happens after the lots are sold and the "grantor" is out of the picture? Typically there is something saying that the HOA (assuming there is one) or perhaps the owners collectively, assume the rights of the developer.

On the other hand, after 30 years, would anyone really care or pursue it? It would require legal action from the grantor or one of the neighbors.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Without an HOA the only avenue for enforcing the restrictions is through the courts. This would apply to whomever claims to be the grantor and all the neighbors. Lawsuits are expensive, normally starting at about $20,000 with no upper limit. How likely is that any of your neighbors would fork over unlimited amounts of money to an attorney to prevent you from building the proposed fence?

Tim's advice to get signed releases from the neighbors is a sound idea.

DS2 (Connecticut)
Posts: 2

Posted:

Thanks everyone,

The construction of the CC&R is poor in comparison to the examples I've seen online. There is no expiration on any of the restrictions and nothing that transfers the power to the owners once the lots were all sold. There's also no provision for an HOA or any mechanism to amend the CC&R.

The current neighbors are all verbally fine with we me putting up a fence. We moved in about 2 years ago, 2 of the neighbors have been there since their houses were built, the other one has been there about 10 years. By my observation, we all have CC&R violations so I'm not expecting the neighbors to lawyer up anytime soon if they change their mind.

How about the tennis club? Do they have any legal power to see that my restrictions are enforced?

Dave

NpS (Pennsylvania)
Posts: 4,216

Posted:

If you wanted to be super cautious about things, you might want to see if the Grantor on the original deed to your house was the same Grantor on the deed to the tennis club. If that person was one and the same and still holds the deed to the tennis club, then someone might possibly have rights they could claim.

This of course is very unlikely. And after 30 years, it doesn't seem worth the effort.

Sikubali jukumu. Read all posts at your own risk.

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