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If there are many violations of subdivision restrictions.

Customer Question
If there are many...

If there are many violations of subdivision restrictions. Are the new owners held to the covenants

Lawyer's Assistant: Where is the property located?

White Oak Landing in Baton Rouge, La.

Lawyer's Assistant: Has any paperwork been filed?

The covenant has

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The restriction at issue is a chicken house that houses apx 10 silkies. They are pets. The house has a tin roof that is objectionable. The association wants the owner to replace the roof with a shingled roof similiar to the ones on the main house.
The structure can not be seen from road. However, there is a metal structure directly behind the owners house. In addition, there are two high tree houses on either side of the owners house that do not comply with the covenant.

Submitted: 5 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
11/14/2017
Real Estate Lawyer: socrateaser, Lawyer replied 5 months ago
socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,770
Experience: Attorney and Real Estate broker -- Retired
Verified

Hello,

A new owner is subject to any covenants, conditions or restrictions which are displayed in the owner's property deed. This includes any reference in the deed to a separate declaration of covenants which covers an entire subdivision.

However, a covenant may be abandoned where the character of the community has changed such that it is obvious to any observer that the covenants have been abandoned. By example: If there originally was a covenant stating that no property could have two stories/levels, and after 20 years 50% of the homes in the community have two-story/leve structures, then the covenants would clearly be abandoned, and no court would enforce the covenants.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Real Estate Lawyer: socrateaser, Lawyer replied 5 months ago

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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socrateaser
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Category: Real Estate Law
Satisfied Customers: 39,770
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Experience: Attorney and Real Estate broker -- Retired

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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).

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