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MarkA9
Posts: 1
Posted:
Declaration of covenants and restriction refers to “Plat book X at various pages”.
MY parcel is not in plat book X.

Months later the plat that includes my parcel was recorded.

14 years later my parcel was sold for the first time from the developer.
The deed has “restriction of record, if any”. Does not reference book and page.

2 years later amended covenants and restrictions was recorded that include the book and page with my parcel.

It is my understanding that covenants and restrictions are required to be listed by book and page and must be recorded before the property is sold.

Can anyone confirm my understanding is correct?
SheliaH (Indiana)
Posts: 6,964
Posted:
That sounds like a legal question, so you really need to discuss this with an attorney (take whatever documents you received when you bought the property with you). And perhaps check with the county recorder's office in your area (they won't be able to give you legal advice either, so don't ask).

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JZ2 (Florida)
Posts: 52
Posted:
If you live in Florida (or in a state where the law is consistent with Florida law on the subject), your property is subject to the recorded restrictions only if it became property "subject to" the Declaration ("was brought into the Declaration") prior to your acquisition of it. This is a legal question that requires examination of the chain of title and the recording history and language in the Declaration (as it has been supplemented and amended). Looking at the deed alone is not going to answer your question.

If you bought title insurance when you purchased the property, it might help answer your question, but the best advice I can give you is to consult an attorney knowledgeable in these types of issues.

Good luck!
LetA (Nevada)
Posts: 2,679
Posted:
Sounds like a question you should ask the county recorder, they're the ones who recorded the deed.

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