Legal Description for Land with a Restrictive Deed

BrendaM10 (Missouri)
Posts: 2

Posted:

Where can you find the legal description that binds a lot in a subdivision to a restrictive deed?

I've pieced together as best as I can a pretty difficult Trustees, Owners, Developer Subdivision dispute that has resulted in 3 lots not being assessed and held to the Restrictive Deed. The actions destroyed the overall look of the last phase and left that street with an unfinished gravel cul de sac. One of the lots has deteriorated into a junkyard with an abandoned car, boat, appliances and general solid waste strewn all about. The median home price in the development is 500,000.00 plus.

Knowing where the legal description comes from would be helpful in unraveling what imploded the last phase of the subdivision I am a new Trustee for.

The single family home subdivision I reside in has a Restrictive Deed with 2 pages of metes and bounds describing all the property within the subdivision boundary.

The developer filed 8 minor subdivision plats and 2 boundary line adjustments. All those plats lie within same metes and bounds described in the Restrictive Deed. The developer was a smaller custom home builder. Development is 24 homes.

Near the end of development he used the Boundary Line Adjustments to sell off some of the subdivision lots to individuals who backed up to our subdivision but with driveways to public roads. The developer merged some Restricted land with non restricted land and told subdivision owners that that made the property unrestricted.

The developer took another lot and created a new driveway to a public road despite the RD not allowing it. Again then attempting to convince owners the lot wasn't legally described as property with a restrictive deed attached. Additionally contrary to how amending the RD happens he approached 2 Trustees and had them sign a RD ammendment suspending assessments until the current owners of the new home sell it at some future date. I view the attempt to ammend as a huge Red Flag that what was happening was not legitimate.

The last lot he sold to an individual so he could develop it and that buyer immediately broke the RD item regarding how a lot can be subdivided.

This all happened 12 years ago and the HOA made some attempts to put a stop to all these actions but eventually they just quit pursuing based on statements made to them by the developer and some very heavy division between owners that had deep ties to the developer and others who did not.

What actually binds the property to the RD. We are in Missouri. I have the General Warranty Deeds that describe the 3 lots at issue. Example Lot "1" of "ABC Subdivision"

Is it the metes and bounds in the Restrictive Deed, or the legal from the warranty deed, or some other instrument I am missing.

Is there a time limit on getting these lots back under the Restrictive Deed?

Appreciate any help or advice.

ElleN (Idaho)
Posts: 4,420

Posted:

-- Keep in mind the statute of limitations for enforcing covenants in Missouri appears to be ten years. See https://revisor.mo.gov/main/OneSection.aspx?section=516.010 . If the Clampetts down the street have had the junk car there for over ten years, then I advise giving up on trying to enforce any covenant (that might not apply in the first place) prohibiting the jalopy. Same for similar covenants.

-- No one here is an attorney. I think everyone here knows the bigger enemy for this situation may be the legal process. How much money does this HOA want to spend trying to force these three lot owners to be subject to the RD, and with no guarantee of success? How many more years does the HOA want to give this?

LetA (Nevada)
Posts: 2,679

Posted:

The first place to start is go to where property deeds are recorded like the county recorders office.
If you still have your closing documents, that stack of paper that looks like a NYNEX phone book that's
about 3 inches thick. Those documents will have a copy of your deed. Someone from the county should be able
to show you how to decipher all that jargon to help you answer your question. I suggest going to the county instead
of shelling out $100 minimum to a lawyer.

BrendaM10 (Missouri)
Posts: 2

Posted:

I've been to the recorders office and have all the Deeds. The Deeds describe the 3 properties as lots in the subdivision. The developer told past Trustees the metes and bounds did not include these lots but I have another Deed that proves that they do. Either way what I have covers all situations.....I'm just curious if anyone knows if one description has precedence over the other.

TimB4 (Tennessee)
Posts: 21,059

Posted:

There is no title or description.

You need to look up the public records, read any deed restrictions (which include the CC&Rs), look at map files and PLATS to determine what applies to specific lots.