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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37098
Experience:  16 years real estate, Realtor. Landlord 26 years
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We purchased a piece of land a year ago in a small community

Customer Question

We purchased a piece of land a year ago in a small community on a lake in Indiana. Yesterday we began construction of a 3 car garage. Today a neighbor called to inform us that we are "breaking" covenants. These covenants were written more than 50 years ago and since then there has not ever been any type of HOA. We have 1 neighbor whom is trying to fight us on everything that we do. What rights do we have if the covenants have not been re-newed/vamped/enforced in 50 years?
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
Is there any type of rule/law/bill that states after a certain number of years covenants dissolve?
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Unfortunately unless there is something in the CCRs themselves that state that they have a limited duration or dissolve after a certain time, then they endure indefinitely unless they are amended by the HOA..With that said, if there is no HOA to enforce the rules, if the neighbor wanted to make an issue of this, he would have to be the one to hire an attorney and sue you personally for violation of the rules. Only the HOA, developer, and owners can sue to enforce the CCRs. So unless he really wants to pursue this, even if you are in violation, noting may come of it...thanksBarrister

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