Covenant Litigation - Help!

[ksdehoff]

All:

I'm looking for an opinion here. We are in the process of building a home in New Mexico. We have complied with all restrictive covenants and have the blessing of our local architectural committee.
The problem is that we have two setbacks in the covenants: 25' from property line and 100' house to house.
My neighbor who happens to be a lawyer is planning to sue me to stop the construction of my home because it forces him to push any construction on his potential new home down his hill.
Let me be clear that 100' setback was material in our decision to purchase the land. We live in an exclusive area and feel that having two homes on top of each other detracts from the privacy as well as property value.

My questions: If this guy wants to sue - is he going to sue me or the architectural committee responsible for the covenants? And second, Is there a source online for case histories I can browse or search through?

Thanks Much
Ken

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ksdehoff:
All:

I'm looking for an opinion here. We are in the process of building a home in New Mexico. We have complied with all restrictive covenants and have the blessing of our local architectural committee.
The problem is that we have two setbacks in the covenants: 25' from property line and 100' house to house.
My neighbor who happens to be a lawyer is planning to sue me to stop the construction of my home because it forces him to push any construction on his potential new home down his hill.
Let me be clear that 100' setback was material in our decision to purchase the land. We live in an exclusive area and feel that having two homes on top of each other detracts from the privacy as well as property value.

My questions: If this guy wants to sue - is he going to sue me or the architectural committee responsible for the covenants? And second, Is there a source online for case histories I can browse or search through?

Thanks Much
Ken<HR></BLOCKQUOTE>

Being an attorney he will probably sue both you and the architectural committee. When he bought the property he was aware of the setback requirements in the restrictive covenants.