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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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In south Carolina there is a property with 10 acres and a 3000

Customer Question

In south Carolina there is a property with 10 acres and a 3000 sq ft house. the owner put a mobile home on it 18 years ago for a family member. they replaced the old one with one that was new 4 years ago. they have now deeded to a separate tract of land so the house and 9 acres of land can sell. Im the appraiser on it and we appraised it and everything was fine with the value and the house. Then, the closing attorney said there are a 3 generational old deed restriction on mobile homes being on the property in the deed to the property. the buyer was buying the manf on a separate contract. otherwise, they contacted one of the 3rd generation desendants of the lady who originally put that restrictions on the land before she sold it. He said no, I don't approve of that manufaturered home being there now.Yet, she or her sons or grandsons, never raised one complaint about the doublewide being there ,and now a 4 year old one, being there , for 18 years. As an appraiser I need to know how to deal with this, not having any legal knowledge of such matters? we are suppose to appraise property in Fee simple estate. Can a deed restriction be eternal? did letting the mobile home there for 18 years imply consent from the estate of the deed restriction originator and her family. Do you have any knowledge of someone breaking a deed restriction like this. His grandmother, according to the decendant didn't want a mobile home park near them because she didn't want "those" people living near her. I guess she means the poor, let's hope. I read the contacts on these properties I appraise, but now, it appears that I need to read the prior deed to see if a fee simple estate exist.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
To be frank, the only way to get this resolved is to convince the other party to drop their claim. Or, if lucky, you can find out via an extensive past title search that if a prior deed did not transfer this condition, then potentially there is an argument that this restriction did not transfer. No, a deed restriction by a person cannot be eternal, but deed restrictions such as an easement (which is essentially a deed restriction) can indeed be eternal. Now, if someone breaks this restriction, that party can sue for damages, and it will take anywhere from 9 months to 2 years to go through the court process.
Dimitry, Esq.

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