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Maverick
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 5800
Experience:  20 years professional experience
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I own property which is land locked on both sides and unable

Customer Question

I own property which is land locked on both sides and unable to add onto. There is a neighborhood covenant that states no outbuilding. I am trying to put up an 8x8 lifetime brand plastic shed to put my children's kiddy pool and toy in. Anyway to get this done? was threaten to have a attorney called
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Maverick replied 4 months ago.

Welcome! My name is***** give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 4 months ago.

The only way to do this is to get the covenant amended. The covenants may authorize a majority [or a specified percentage of homeowners] to amend this "no outbuilding" covenant. Such provisions are valid and enforceable. The other option is to go ahead and build the shed and let someone sue you to take it down. If no one does and its stays there for sometime unchallenged; then you may be able to argue the defense of laches [i.e. they sat on their rights too long and now they cannot be enforced].

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Customer: replied 4 months ago.
What if i am able to get 51% of the people in the neighborhood to sign a paper stating it is okay to put up? Could that be an option?
Customer: replied 4 months ago.
Also if i send you a copy of the covenant, could you possibly find a way? Maybe bc its 8x8, it could be 'mobile' or something of this sort?
Expert:  Maverick replied 4 months ago.

A covenant is typically changed by following the procedures set forth in the covenant or the community's governing documents. But, please feel free to upload the document and I will be happy to look at it...

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