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Get a copy of the covenant detailing the deed restriction. You'll need to go to the courthouse or your county clerk's office for this. Read the covenant for details. Contact the governing body. Get consent. Take it to court.
What happens if I breach a restrictive covenant? If you own a property and unknowingly (or otherwise) breach a restrictive covenant then you could be forced to undo any offending work (such as having to pull down an extension), pay a fee (often running into thousands of pounds) or even face legal action.
Enforcement of deed restrictions is always a private matter. A property owner who disagreed with boat ownership contrary to deed restrictions would need to either ask the HOA (homeowners association) to enforce the restriction, or sue in a court of law.
Fines. You can be assessed a variety of fines. There may be a standard fine amount, or the fine may depend on the violation. In some cases, the fine may be a percentage of the value of your home, or may grow larger for each day you're in violation of the deed restriction.
Deed Restrictions are Indefinite In most cases, deed restrictions last forever. Any deed restriction from a prior granter, no matter how many years ago, remains with the land and each subsequent grantee is bound by it. This is true even if the current deed does not reference the deed restriction.
In most places in the U.S., your deed restrictions outweigh zoning when the deed restrictions are stricter, but if your board doesn't have enough tools to force the return of the garage to its intended use, then you or your board will have to file a suit.
Sometimes a deed will have provisions in it that will restrict, condition or place limits on how the grantee may use the real estate. Restrictive covenants are often placed in deeds and are legally enforceable promises imposing restrictions on how you can use your property.
The person conveying or selling land, known as the granter, creates deed restrictions by placing them in the deed to the buyer, or grantee. Any restriction that is not illegal can be placed in the deed. For example, a granter who lives on 100 acres decides to sell 20 acres.
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