Deed restrictions

kaiser715

kaiser715

Doing hard time
Joined
Jun 1, 2006
Location
7, Pocket, NC
I just ID'd a 5 acre parcel tonight that I might be interested in. Current owner has held it, undeveloped, since 1966. This is not in a subdivision, no HOA; it fronts on a county road. Surrounding property is large lot subdivision on one side (10 acre lots), and farm/house/barn on the other (15 acres).

I looked up the 1966 deed. Several restrictions, most are OK...like minimum heated sq. footage, etc. One that might kill the deal...limited to two car garage. Only one outbuilding allowed on lot. I want to do a large shop -- 40x60+.

I'd hate to ignore it, and some asswipe on the adjoining land protest. But what can be done? There is no stated expiration. SOL?
 
Why not just make an offer and include that it needs to be a clear deed, free of any restrictions? Personally I would never buy land with restrictions on it..
 
From what I have read tonight, you have to petition the courts to remove a deed restriction. Owners are in a old folks home, I don't think they would bother.

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If the shop has a single two car garage door, or two single doors, it can still be classified as a two car garage in many areas. Might be worth the research. Just sayin'....
 
Insert a contingency clause in your offer stating that you are to be given time to read the conditions and have the ability to back out of the contract if you disapprove.
 
I would look into what is classified as a 2 car garage. Maybe you could build your 40x60 and only put 2 garage doors on it.
 
kaiser715 said:
From what I have read tonight, you have to petition the courts to remove a deed restriction. Owners are in a old folks home, I don't think they would bother.

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Petition with very clear intent of your use after locking in price and buyers agreement with that one pending issue as an out. Ideal land is very hard to come by, sounds worth the effort.
 
With no HOA, who's going to enforce it? Counties do not enforce private covenants or restrictions, so if someone wants to fight you over it they'll have to take you to court.
 
Yep. Just like my neighbor did me. I was out of the country for a few months working and when I get home my halfback neighbor was building a house 18" on my side of the property line. The thing that pissed me off the most was I went over and talked with them before I left and we walked the property lines and made sure he saw the markers. When I get back the markers are no where to be found. Come to find out he had hired some jack leg surveyors that somehow made his property bigger and mine smaller. In the end that was probably the most profitable 1/4 of an acre ever sold in NC. Shortly after the house was finished they sold it and I ended up with some great neighbors.
 
Macdaddy4738 said:
With no HOA, who's going to enforce it? Counties do not enforce private covenants or restrictions, so if someone wants to fight you over it they'll have to take you to court.
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Sounds like it's a deed restriction.
 
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