Restrictions and Easements.

[CurlyJoe]

What is the name of your state (only U.S. law)? NC

I had a thread many many years ago about this subject but I just let things go and now something has to be done. When visitors started calling this Harlem on the Hill I knew it was time to do something.
MY deed as well as the deeds to the 4 original properties (Now 6 with 8 addresses) all have restrictions. One neighbor refuses to obey them and has stated many times it's her property and she will do as she wishes. First off she had 4 rentals including a garage that she installed a wood stove and some blanket dividers and a bathroom, a camper that the restrictions specifically prohibit and even rents rooms in her house. I know that the fact not only her house has been robbed but so has 4 others on the road to our property including mine, yes they all come from her. The law will not come here any longer unless someone sees someone taking something.
The new owner has now twice taken planters that have been in the easement for 25 yrs. and insists they are on his property and keeps moving them to block my 75 yr old Aunt's driveway.
I went to an Attorney who seems to be very knowledgeable and I was surprised when she said this county stands behind restrictions nearly 100% of the time. Here is the first hurdle, the women has sold the little tiny piece of property with the camper on it. The attorney then told me there are no restrictions attached to that new deed which she had a copy of. When I left she said she would have to do research as to who dropped the ball not to include the restrictions since in this county they follow the property.
The original owner is a snake with a realtors license here in NC and I wouldn't be surprised if she handled the closing herself(my opinion). Her and her boyfriend have 5 rentals here and will not pay for any upkeep of the road which is also in the restrictions.
My question is I have about $750.00 into this already and was wondering if anyone has any experience with this and if this will get to be a never ending ordeal since we how have a third party. Would not the women who sold the property and didn't include the restrictions now be responsible? or was it his Attorney's responsibility to research? I have another appointment on Thursday and am just anxious to answers.

 

[justalayman]

Depending on how the restrictions were originally written in the first deed that involved them, it is quite possible, and in most cases, the restrictions would be applicable to any subsequent purchaser regardless of whether the were specifically included in a subsequent deed or not. When property is transferred to a purchaser, the rights in interest transferred are all that that owner can transfer to any subsequent grantee. That means if the restrictions were properly included within the first deed, those restrictions will attach to any subsequent deed regardless what the subsequent deed states.

You need a lawyer to read the pertinent deeds and review the germane law and give you an opinion on the matter.

 

[CurlyJoe]

Depending on how the restrictions were originally written in the first deed that involved them, it is quite possible, and in most cases, the restrictions would be applicable to any subsequent purchaser regardless of whether the were specifically included in a subsequent deed or not. When property is transferred to a purchaser, the rights in interest transferred are all that that owner can transfer to any subsequent grantee. That means if the restrictions were properly included within the first deed, those restrictions will attach to any subsequent deed regardless what the subsequent deed states.

You need a lawyer to read the pertinent deeds and review the germane law and give you an opinion on the matter.

Went to the Attorney yesterday and he was pretty straight forward. He popped up the deeds on his computer and there are no restrictions attacked to his deed but he assured me it don't matter. He stated that is between the new owners and the women he bought the property from. I told him she was a Licensed Realtor and he said they would take her license here in NC for selling a piece of property without divulging that there are restrictions. He also assured me that in this county he has not seen the court not uphold restrictions on residential property.
He said he would start by writing a letter giving them so many days to remove the camper and her to evict the tenants in the garage. He also said maybe I should have a sit down with the neighbors. I have tried this once already and was shouted down with her telling me it's her property and she would do as she wishes and the new owner telling me he was told there are no restrictions.