Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

Curious if a declaration covenants, conditions, and

Customer Question
Hi, curious if a declaration...
Hi, curious if a declaration covenants, conditions, and restrictions on home lots carry over if there has been a new owner?
Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 2 minutes by:
10/19/2015
Real Estate Lawyer: Richard, Lawyer replied 2 years ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,005
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Verified

Good afternoon. My name is ***** ***** I look forward to helping.

Yes, they run with the land, not the owner. A declaration of covenants, conditions and restrictions burden the property itself. Who owns the property is not relevant; rather, whoever owns the property takes ownership subject to these CCR's which restrict and govern the land.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!

Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
Ok, so let me ask if we purchased a piece of land and was not given the declaration or signed a declaration are we bound?
Real Estate Lawyer: Richard, Lawyer replied 2 years ago

Thanks for following up. If these Declarations were recorded in the real property records, you would still be subject to them. If they were not recorded or disclosed, then they would not be able to enforce them.

Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
You mean recorded through the county or recorded at closing? The declaration is apparently recorded through the county but we were not shown or signed any sort of declaration when we purchased the property and closed on the property.
Customer reply replied 2 years ago
We closed through our local abstract office and the declaration was not part of the closing.
Customer reply replied 2 years ago
We have a neighbor throwing a fit for something we did but we were never given or shown a declaration so is that our fault or the land owner that sold it to us?
Real Estate Lawyer: Richard, Lawyer replied 2 years ago

Recorded in the county real property records. Anything of record (i.e., recorded in the county records) is deemed disclosed. Your title policy exceptions should have referenced these CCR's. If not, you would have a claim against your title company.

Ask Your Own Real Estate Law Question
Ask Richard Your Own Question
Richard
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,005
56,005 Satisfied Customers
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.

Richard is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

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

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
I am in a civil lawsuit with real property foreclosure
i am in a civil lawsuit with real property foreclosure against one of the big banks, the first filing was dismissed with prejudice we refiled and was granted in part and denied, the defendants filed s… read more
Lori
Lori
Juris Doctor
256 satisfied customers
Problem with neighbor after hurricane. Tree in her yard
Hi! Problem with neighbor after hurricane. Tree in her yard falling down, root structure on my side of the fence. Currently having pavers put in. Neighbor said no money to take tree down. Unable to re… read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
When a house fire spreads to a neighbor, generally, all the
For Law Educator:When a house fire spreads to a neighbor, generally, all the neighbor has to do is send a demand letter to the house owner's insurance company for payment of any damage to the neighbor… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Mine is a prescriptive easement question. My neighbors are
Mine is a prescriptive easement question. My neighbors are trying to pull this on me. I read that to get a prescriptive easement a claim must be made. Does the claim have to be verbal or in writing an… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I represent myself in a partition case of real property in
I represent myself in a partition case of real property in California Supreme Court. On Nov 13 the judge granted a ‘summary interlocutory motion' to divide the property. This was done in spite of my o… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
Our neighbor "the neighbor bully" has run a fence between
hello, our neighbor "the neighbor bully" has run a fence between our homes that is attached from his house wall thru their driveway and onto our property touching our wall. They put a lock on the gate… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,283 satisfied customers
We have a neighbor who is shining a floodlight directly
We have a neighbor who is shining a floodlight directly hitting our bedroom and deck. Without getting into a legal battle, are there any ordinances where I live regarding this? (I couldn't find anythi… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
My neighbor is threatening to remove my fence that divides
My neighbor is threatening to remove my fence that divides our property. My fence at one point is 5 inches on her property. It has been there for 19 years. The state of NEVADA has a code for " Adverse… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,131 satisfied customers
Neighbor claims that our driveway is on her property back in
neighbor claims that our driveway is on her property back in the early to mid 1980's my father had the driveway paved and it appears to be as much as 13" on the neighbors property. she had a surveyor … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,131 satisfied customers
If a real property is for sale and the deed says no family
If a real property is for sale and the deed says no family member can buy or live in the property if another person buys the property can a family member lease or buy the property the property from th… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
I am interested in bidding on a piece of real property
I am interested in bidding on a piece of real property scheduled to be auctioned by the IRS. The IRS has provided a list of encumbrances on the property including a municipal real estate tax lien and … read more
Ely
Ely
Counselor at Law
Juris Doctor
4,925 satisfied customers
What is the best way to find out what real property has been
What is the best way to find out what real property has been bought or sold by an individual or a company? Can this be done without hiring a service? thanks… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
The executrix of an estate wishes to purchase real property
The executrix of an estate wishes to purchase real property from said estate, but is facing a bidding was with a beneficiary. The will states that the executrix has the opportunity to purchase real pr… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
In state, a real property held in joint tenancy and
In Washington state, a real property held in joint tenancy and inhabited by the co-owners; if a dispute develops between the co-owners in regard to visitors to the property, how is that issue resolved… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
How is like real property exchanged in no. carolina between
How is like real property exchanged in no. carolina between relative where no money is offered and there are no encumbrances on either parcel? … read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,207 satisfied customers
In State of Alabama If a real property owner has a pending
In State of AlabamaIf a real property owner has a pending lawsuit against him as a defendant and sells the real property to a unrelated third party ;does a judgement against the seller real property o… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Who is responsible for damage to real property by adjacent
Who is responsible for damage to real property by adjacent property owner via construction and personal use in the state of South Carolina? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,316 satisfied customers
Can title to real property and ownership of real property
Can title to real property and ownership of real property exist separately between two separate entities?… read more
Michael Gonzalez
Michael Gonzalez
JD
523 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x