How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 5332
Experience:  17 years of legal experience including real estate law.
4460311
Type Your Real Estate Law Question Here...
characters left:
8 Real Estate Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Restrictive Covenant Agreement

What is a restrictive covenant?

A restrictive covenant is defined as a section that is stated in a deed or lease to real property that will restrict what the owner of the land or lease is allowed to do with that property. Restrictive covenants will often times allow nearby property owners who have something similar to covenants placed in their deeds to enforce the stipulations of the covenants in the court. A restrictive covenant was made in order to improve the property’s price or importance by controlling the improvements.

In the state of Oklahoma can restrictive covenant agreements over rule a state statute such as “on street parking”?

In many cases like this a restrictive covenant is not allowed to go against a state statute, but this can be more limiting. A restrictive covenant for not allowing “on street parking” can be enforced. The board of Homeowner Association can limit parking within the Homeowner Association; also they can make their own rules and regulations regarding this matter. With this being said the board does not have to obey with the By Laws in passing any new rules or regulations.

Can a restrictive covenant agreement disallow homeowners from parking their vehicles in their driveways enforceable if the restrictive covenant agreement was set up by the developer before selling the lots?

These types of restrictive covenant agreements are to be considered legal. With that being said, since the property was already bought and at first with the covenants on the land, the land price has basically already been discounted for any more problems on that property. Now, if the homeowner tries to do what they see is fit, and then they could be facing a limitation in court against the homeowner.

Can someone enforce a restrictive covenant agreement that is over 40 years old, if so how can it be enforced?

The individual would need to check the bylaws, rules and all the court records to see if this agreement has ever been enforced before and to help fight the waiver. If not, then this can be enforced, but normally this can only be done by Homeowners Association. If there is no Homeowner Association in place, then a neighbor can do so. In order to find out this information only if there is no Homeowner Association they can only search the courthouse for the lawsuit. They would either need to search by the property address or the owner’s name.

Does the developer of a restrictive covenant agreement legally responsible to stand by the limits of the covenant agreement or can the developer change the restrictions without permission from the homeowner?

Normally the developer will hold the voting control over any other restrictions until the development is done and sold. This is because the developer has the voting control which will stated in the document that sets the restrictions, this is normally a document that is named “Declaration of Restrictions, Conditions and Covenants”. In this case the developer will have the ability to make any changes as conditions continue to change.

Restrictive Covenant on a lease or deed can raise many questions such as who can enforce a restrictive covenant or what happens when someone acts in a breach of restrictive covenant? These types of questions can be addressed when you contact the Legal Experts online.

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 5332
Experience:  17 years of legal experience including real estate law.
4460311
Type Your Real Estate Law Question Here...
characters left:
8 Real Estate Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Real Estate Lawyers are online & ready to help you now

Ron
ASE Certified Technician
Satisfied Customers: 21603
23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
Dr. Y.
Urologist
Satisfied Customers: 18607
I am fellowship trained specializing in general urology and reconstructive urology.
John
Home Appliance Technician
Satisfied Customers: 13453
Appliance repair business owner for over 43 years.

Recent Restrictive Covenant Questions

  • Landlord kept security deposit $1700. I sued and he countersued

    Landlord kept security deposit $1700. I sued and he countersued for $4000. Consulted an attorney for $175 who said I did not need one and that I would win in court. Went to court and lost simply because I did not have an attorney. I failed to know what to give the judge and the judge did not ask me for any of my documents. The Landlord's attorney ran circles around me and I basically was intimidated into submission. Went back to attorney and for another $200 said it would cost me more than $4000 to defend my case. How can this even happen in America? What is the purpose of a security deposit if it is only going to be confiscated. I am innocent. btw, the landlord is an attorney also! Shyster.
  • We are trying to transition from active duty to civillian,

    We are trying to transition from active duty to civillian, and just bought our first house. After two months of hell barely even getting the house, we were still paying BAH to the onbase military house we had been living in. Because things were so horrible and until the end looked like we would have to stay in the base house until the 28th of this month, we didnt give our 30 day notice and were just going to stay there and figure out what to do next. Long story short, they pushed the house through and we've been struggling to pay for both for the last month, with the problem being we now have to turn over the keys to our base house and they want the payment for october in full which they are owed of course but we wont get our last military check until its mailed to us after they have aidtied it. Plus we'll have to pay for any damages which housing ALWAYS makes up charges and finds ways to rape it's military families with all kinds of insane charges and fees. What can they do to us since we're already out of that house, and it looks like the allotment has stopped for BAH. My husband hasnt gotten another job yet and we're already having to get help to pay the mortgage through some organizations for veterans as we transition. WIll it affect his getting unemployment? Our credit? Can they slap a lien on our new house? I'm a mess and on the verge of a break down. It's not that we arent responsible for the base house, its that the last check that would have solved this problem isnt coming when it should because its the final one. I should have let my husband give the 30 days when he was going to, i was just so afraid we'd not get the house and be out on the streets.
  • can a private country club endorse one real estate company

    can a private country club endorse one real estate company as their preferred realty company for resales and listings within the club.
< Last | Next >
View More Real Estate Law Questions