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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I have a question regarding the covenants recorded with my

Customer Question

Hi,
JA: Hi. What seems to be the problem?
Customer: I have a question regarding the covenants recorded with my deed. I have copies of the previous two owners deeds showing one set of covenants, but a different set of covenants was recorded with my deed.
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: VA
JA: Have you talked to a lawyer yet?
Customer: no, trying to see if it worth it
JA: Anything else you think the lawyer should know?
Customer: The original parcel consisted of three lots, the owner from whom I bought my property did a BLA and split the middle lot adding each half to the other making two out of the three. I own what was originally 1 1/2 of the original three.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: I did Virginia
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  J. Warren replied 3 months ago.

Hello and welcome! My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  J. Warren replied 3 months ago.

My apologies, I had a glitch with internet and did not intend to answer this question. Another lawyer will be with you shortly.

Expert:  CalAttorney2 replied 3 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

I am sorry to learn of this situation.

Unfortunately, based only on what you are posting here, I do not see a basis for your property to revert back to the earlier deeds (your lot is really not the original parcel it is a new parcel, and the new parcel is subject to a different deed restriction).

What commonly happens with situations such as this is that in order to get the lot line adjustment or lot split, the owner of the properties must agree to have the properties subject to the latest covenants (I assume this is part of an HOA or some other common interest development, or reciprocal easement), in exchange for getting the lot line through.

This means that the only way to get the lot lines adjusted was for the property to be subject to these newer covenants.

Unfortunately, to get a more specific answer, you are probably going to need to speak with a title company or a real estate attorney that can review your specific chain of title (there may be some exception that exists, but based only on what you posted here, and the "general information" that we can provide you with, I do not see any basis for reverting your property to the older covenants).

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