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Recent Restrictive Covenant questions

Owner of lot of land, the grant deed of which contains

Owner of lot of land, the grant deed of which contains specific restrictions of how the land can be used (residential), and invokes mutual equitable servitude between all lot owners in subdivision. Our lot was only lot ultimately sold (1954), the rest retained by seller/owner over the years. Only now the successor/owner of remaining land has sold the land and it has been re-zoned commercial and on verge of commercial development. Do restrictions on our land apply to remaining land via reciprocal negative easement? This is California.

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Barrister

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I have a questions about a property common retaining wall

Hello,I have a questions about a property common retaining wall dividing my neighbor's house and mine. This is in the county of Alameda CA. Jurisdiction of Hayward and Castro Valley*.This wall is now in poor condition, since it is tilting to my property (lower ground about 6/7 ft). It is curved and pushed a couple/few ft to our side. I went to the city to find out who had the permit about this wall going back to 1942, and got no permits lifted for this wall. So, we are treating it as a common wall. I am sure that time, all the rains, and erosion have contributed to the decaying of the wall but I want to have better knowledge as how we will approach this fix.I bought the house 2yrs ago, there was no disclosures about the wall's condition and I think I am late to raise any issues to the property inspector. So, my neighbor and I have gravitated towards a "mutual solution." I had two contractors come and inspect this wall and they agreed it needs to be replaced. They have noticed about the lack of drainage on my neighbors side (this is still a problem as my neighbor continue having floodings on his basement when heavy rains and excess water makes its way to my side down my sides through many openings and cracks) I installed a french drain to mitigate the excess water in my side next to the wall which acts as an "inactive driveway/pathway" 14ft wide. I want to solve this issue, however, I feel we need to have an agreement with the neighbor about the drainage to be addressed in my neighbors side, and also I want to know how this "co-ownership" affects our properties and WHO is responsible to fix/maintain the wall if it brakes, and what are the considerations.Thank you.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,846 satisfied customers
I have a pain in the HOA, South Carolina, Like? Yes

Hello I have a pain in the butt HOAJA: Because real estate law varies from place to place, can you tell me what state the association is in?Customer: South CarolinaJA: Has any paperwork been filed?Customer: Like?JA: Anything else you want the lawyer to know before I connect you?Customer: Yes

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Ely

Counselor at Law

Juris Doctor

69,922 satisfied customers
I have a question concerning a restrictive covenant. It says

I have a question concerning a restrictive covenant. It says that a fence shall not be nearer than the front property line than the front corners of the dwelling. The dwelling is my home. One corner is about 24 feet from the road which is the front property line. The other corner is about 27 1/2 feet from the road which is the front property line. If building a fence on one side of my home, can I choose to build it 24 feet from the road even if it is on the side that is 27 1/2 feet from the road. As there is no homeowner's association, I have no one to ask. However, any homeowner could enforce the restrictive covenant. Thank you.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: It is North Carolina in Forsyth County.JA: Has any paperwork been filed?Customer: The restrictive covenant has been filed with the registrar of deeds.JA: Anything else you want the lawyer to know before I connect you?Customer: I cannot think of anything else.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,846 satisfied customers
My husband and I are looking to buy 5 acres. We found land

My husband and I are looking to buy 5 acres. We found land in a subdivision with 14 total lots. 2 have been built on 8 lots sold and 6 lot available. We want to start out Building a 2 to 3 car garage and then adding on a house in 2 yrs with 1000 sq ft. The subdivision has a covadence that states no garage can be built first and the sq footage has to be 1700sq feet. The realtor states if the 2 owners of the houses built has no objections there should be no problem with out plans. IS that true? Also do we need permission from the other lot owners? Should it be in writing?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: WisconsinJA: Has any paperwork been filed?Customer: What paperwork do you mean?JA: Anything else you want the lawyer to know before I connect you?Customer: No

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40,202 satisfied customers
A corporation has restricted covenants and easements which

a corporation has restricted covenants and easements which are solely for the corporations benefit and are recorded for 30 years. corporation loses land due to bankruptcy and a new buyer purchases the remaining lots in the sub division. Does the corporation still hold the covenants and easements?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: Oakham, MassachusettsJA: Has anything been filed or reported?Customer: not to my knowledgeJA: Anything else you want the lawyer to know before I connect you?Customer: no

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LawTalk

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Juris Doctor

38,576 satisfied customers
1) How are HOA covenants and bylaws legally renewed in the

1) How are HOA covenants and bylaws legally renewed in the State of Wyoming?JA: Because real estate law varies from place to place, can you tell me what state the association is in?Customer: Wyoming 2) If a subdivision was not legally recorded so that it is a recognizable subdivisionJA: Has any paperwork been filed?Customer: If the subdivision is not recognized by the County planning and zoning board can covenants and bylaws be enforced upon a subdivision that according to the county does not exist?JA: Anything else you want the lawyer to know before I connect you?Customer: The subdivision was created in 1994 but not registered as an HOA with the State of WY until 2014. We purchased our property in 2013 were not notified of thiese procedures, recordings that took place in 2014 to record covenants.

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JBaxLaw

Attorney

Doctoral Degree

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Live on a beautiful golf course I purchased 30 years ago.

Live on a beautiful golf course I purchased 30 years ago. About 7 months ago the golf course doing a major water project put a 25 foot pile of dirt immediately behind my fence blocking my view. It is estimated it will be removed in August. The gorgeous view I've had and the lack of any communication from the golf association regarding this matter makes me wonder whether this is legal.JA: Where is the property located?Customer: Pasatiempo Golf course in Santa Cruz, California.JA: Has any paperwork been filed?Customer: DoJA: Anything else you want the lawyer to know before I connect you?Customer: Not sure what you mean. No papers signed.

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892 satisfied customers
Is there any legal ramifications for storing a lot of

Is there any legal ramifications for storing a lot of firewood/timber on a residential property? I run a small business on the side, and wonder if I could get into any trouble if arborists were to drop off multiple loads of trees throughout the year.JA: Where is the property located?Customer: I am looking at buying multiple land sites, but for now in Roswell, GA and Riverdale, GA.JA: Has any paperwork been filed?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: What paperwork are you talking about?

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Ely

Counselor at Law

Juris Doctor

69,922 satisfied customers
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