Looking to Buy a Lot (Question Regard Deed Covenants)

Started by MattW7 • 18 replies • 1102 views

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MattW7 (Florida)
Posts: 5

Posted:

Good Afternoon,

My Fiancé and I are looking to buy a lot in a small subdivision in our hometown.

There are about 15 housed split up into 1.5 acre lots.

After acquiring the deed covenants from the listing agent we noticed that our house that we will be building needs to be 3,000 Square Feet Heated.

This is simply too large for us, we have no and plan on building anywhere from 2,200-2,600.

After meeting with the realtor yesterday he informed me that it is not heated square feet it can also have the square footage of a carport, patio roof, and porch.

He is going to be looking into this for us because I saw the deed saying it was heated square feet.

I also looked up some laws in FL and the Marketable Record Title Act states that after 30 years of of the deeds inception it expires, the entity that signed the deed is also no longer active (not sure if that matters).

Anyways we are in love with the lot and would love to move forward with it.

I would love to hear of any experience you guys have had with this or if anyone knows who I could get some answers from as far as city or county departments.

Thanks Guys

NpS (Pennsylvania)
Posts: 4,216

Posted:

Hi Matt

Please provide some detail on the entity that's no longer active. It could make a difference.

Thanks.

Sikubali jukumu. Read all posts at your own risk.

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By MattW7 on 04/23/2019 11:09 AM
Good Afternoon,

My Fiancé and I are looking to buy a lot in a small subdivision in our hometown.

There are about 15 housed split up into 1.5 acre lots.

After acquiring the deed covenants from the listing agent we noticed that our house that we will be building needs to be 3,000 Square Feet Heated.

This is simply too large for us, we have no and plan on building anywhere from 2,200-2,600.

After meeting with the realtor yesterday he informed me that it is not heated square feet it can also have the square footage of a carport, patio roof, and porch.

He is going to be looking into this for us because I saw the deed saying it was heated square feet.

I also looked up some laws in FL and the Marketable Record Title Act states that after 30 years of of the deeds inception it expires, the entity that signed the deed is also no longer active (not sure if that matters).

Anyways we are in love with the lot and would love to move forward with it.

I would love to hear of any experience you guys have had with this or if anyone knows who I could get some answers from as far as city or county departments.

Thanks Guys

Hi, Matt. You're getting into some pretty treacherous waters there so tread carefully. If deed restrictions prevent you from building a home less than 3,000 sq ft then you're not going to be able to build one that's 2,500 sq ft. As you've noticed, however, the exact wording of the covenanted restriction is crucial.

If the listing agent provided you with documents that say one thing (nothing less than 3,000 sq ft) and then changes his story re. what types of square footage count toward the requirement, I'd run away. He wants his commission. If he had your interests in mind he would have provided that information regarding what types of square footage are required up front. I'm thinking you didn't get a full set of the governing documents, which include the CC&Rs, building requirements, bylaws of the association, landscaping restrictions, architectural guidelines, etc.

I wouldn't take anyone's word for it regarding what you have to build. Get a full copy of every pertinent document - including any amendments to any of the documents - before proceding. You want to see everything. Otherwise you'll be bringing a knife to a gunfight if there's any dispute.

GenoS (Florida)
Posts: 4,276

Posted:

MRTA is a bit more complicated. If the deed restrictions have been preserved at any time within 30 years after they were first applied to a parcel, then they will not expire. The way the deeds are worded and whether or not they refer to lots on a plat may also affect whether or not MRTA will extinguish deed restrictions. It can also depend on what's written on the plat itself. And it doesn't matter who signed the first deed for the parcel.

Who owns the lot you're interested in? The developer? The successor in interest to the developer? If the lot has never been built on and has never been sold to anyone then the 30-year MRTA clock may not have even begun to tick (it it's applicable at all).

MattW7 (Florida)
Posts: 5

Posted:

Its owned by a couple who bought it in the early 2,000's

MattW7 (Florida)
Posts: 5

Posted:

Thank you for the response.

Would I go to the county property appraiser for those documents ?

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

After meeting with the realtor yesterday he informed me that it is not heated square feet it can also have the square footage of a carport, patio roof, and porch.

He is going to be looking into this for us because I saw the deed saying it was heated square feet.

Realtor will say anything to make a sale. Without a sale, they make zero $$.

Go by what the deed says.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Submit your house plans to the board for approval/disapproval.
Make the purchase of the lot contingent on the approval of said plans.

If not, go by nothing that is said.
Only go by what is in writing.
If it's questionable, obtain written clarification from the source (the board).

If you can't or don't want to comply with said restrictions, don't buy.

KerryL1 (California)
Posts: 14,550

Posted:

With Tim, all that matters is what's in writing by those who have legal authority.

MattW7 (Florida)
Posts: 5

Posted:

I think that's great advice.

Thank you

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

Posted By TimB4 on 04/23/2019 7:05 PM
Submit your house plans to the board for approval/disapproval.
Make the purchase of the lot contingent on the approval of said plans.

Well, the board is a bunch of volunteer amateurs. They clearly have no legal right to give permission to something they have no legal authority over. Your deed.

So even if they did give permission, you still couldn't build it smaller.

Sure the board could change the CCR/Bylaws and get every homeowner to agree to smaller houses and change it legally. But the chances of that happening are almost nothing.

MattW7 (Florida)
Posts: 5

Posted:

Do you know what department of the county is in control of deed's and/or who can make changes to them?

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Matt,

It is unlikely you are going to be able to effect change to the required SF ... if you continue down the path I could expensive and is likely to anger those in your chosen neighborhood who may have specifically moved there because the mandated house size was large.

I would advise you to either build the required size house, or find a neighborhood with smaller house requirements, or no requirements. In the end you will be happier.

RoyalP
Posts: 1,104

Posted:

Quote:

Posted By SteveM9 on 04/24/2019 5:48 AM

Posted By TimB4 on 04/23/2019 7:05 PM
Submit your house plans to the board for approval/disapproval.
Make the purchase of the lot contingent on the approval of said plans.

DITTO

OP,

Go to your 'county seat' and get a certified copy of the Covenants and Restrictions (from the register of deeds).

READ IT THOROUGHLY

That is 'the four corners of the contract'.

PERIOD, end of case

RoyalP
Posts: 1,104

Posted:

Quote:

Posted By MattW7 on 04/24/2019 5:49 AM
Do you know what department of the county is in control of deed's and/or who can make changes to them?

There is NO department which can 'change your deed'.

It is governed by a CONTRACT / COVENANT a/k/a "Declaration of Protective Covenants and Restrictions of XYZ Development" which has been RECORDED as a public document just like the deed itself.

IMO: based upon your questions I advise RUNNING AWAY from this property

DouglasK1 (Florida)
Posts: 2,046

Posted:

Quote:

Posted By RoyalP on 04/24/2019 6:33 AM

Posted By MattW7 on 04/24/2019 5:49 AM
Do you know what department of the county is in control of deed's and/or who can make changes to them?

Exactly right, the covenants are essentially a contract between the property owners. If there is an association, they could sue you for violating them. Whether there is an association or not, any other owner could sue you for violations.

As others have said, don't rely on the real estate agent's opinion. If you still considering buying this property, I would suggest having a consultation with a local attorney to get an opinion regarding your chances of prevailing if action was brought against you. Note that laws typically override covenants, so someone familiar with local real estate law would be best.

Escaped former treasurer and director of a self managed association.

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By MattW7 on 04/23/2019 5:50 PM
Thank you for the response.

Would I go to the county property appraiser for those documents ?

They should be on file with the Official Records of the County (both the recorded governing documents and the plats). Where I am the Clerk of the Circuit Court maintains the Official Record Books for the county. Many Florida counties have their official records online so that may save you a trip.

DouglasK1 (Florida)
Posts: 2,046

Posted:

In my county all records are free on-line at the county Comptroller's web site.

Escaped former treasurer and director of a self managed association.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By GeorgeS21 on 04/24/2019 5:55 AM
Matt,

It is unlikely you are going to be able to effect change to the required SF ... if you continue down the path I could expensive and is likely to anger those in your chosen neighborhood who may have specifically moved there because the mandated house size was large.

I would advise you to either build the required size house, or find a neighborhood with smaller house requirements, or no requirements. In the end you will be happier.

I agree. Do it or move on.

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