Deed Restiction in succession

[fidlrjiffy]

What is the name of your state? NY, Dutchess County, Town of Beekman

The small neighborhood in which I live was built in the early 70's. There have been three owners of the property of which I am the third. The original deed had a restriction on the number of animals. The original owners resided for less than three years. The deed under which I acquired the property from the second owner in succession, who resided for 13 years, has no such restriction. Am I bound by the original restriction? If the answer is yes what can be done to remove the restriction?

Thanks in advance.

[nextwife]

You many very well still be covered by that restriction. Did your title policy show this restrictive covenent as applying to your parcel on your title policy? If so, they determined in their search if the records that it affected your property.

Basically, E&Rs normally "run with the land" unless they have an expiration, or unless ALL parties benefitting from the E&Rs agree to remove them.

Also, even without E&Rs many municipalities have their own paet restrictions.

[HomeGuru]

Originally Posted by fidlrjiffy

What is the name of your state? NY, Dutchess County, Town of Beekman

The small neighborhood in which I live was built in the early 70's. There have been three owners of the property of which I am the third. The original deed had a restriction on the number of animals. The original owners resided for less than three years. The deed under which I acquired the property from the second owner in succession, who resided for 13 years, has no such restriction. Am I bound by the original restriction? If the answer is yes what can be done to remove the restriction?

Thanks in advance.

**A: in my opinion, the restriction still applies.

[fidlrjiffy]

In NY, at least, title searches do not tell you very much about anything. It is my understanding that they insure that the title to the property is clear. They say nothing about restrictions, easements, or anything else that might affect the property. What I have received regarding title from the couple of refinances I have done have said nothing regarding restrictions.

I have heard metioned "title report" and now "title policy". Are these different than what is obtained during the financing of a mortgage? I have asked my current mortgage holder about how I would obtain a "title report". Would you, or anyone, be able to comment on how I would obtain a "title report" or a copy of my "title policy"?

Thanks.

[nextwife]

Originally Posted by fidlrjiffy

In NY, at least, title searches do not tell you very much about anything. It is my understanding that they insure that the title to the property is clear. They say nothing about restrictions, easements, or anything else that might affect the property. What I have received regarding title from the couple of refinances I have done have said nothing regarding restrictions.

I have heard metioned "title report" and now "title policy". Are these different than what is obtained during the financing of a mortgage? I have asked my current mortgage holder about how I would obtain a "title report". Would you, or anyone, be able to comment on how I would obtain a "title report" or a copy of my "title policy"?

Thanks.

A loan policy from a refinance is NOT the same as an Owners Policy of Title Insurance. Normally an Owners Policy is what one relies on to show all the E&Rs of record than run with the land. Loan Policies generally take a general exception to coverage on any E&Rs and does not show them, at least in my market.

A simple Letter Report may only show the status of title from the last deed forward, and should NOT be relyed upon for a purchase, and normally does NOT show matters that run with the land. An Owner's Policy of Title Insurance is issued after closing IF one obtained a Commitment for an Owner's Policy and closed their purchase in compliance with it. A POLICY INSURES that the title company is legally rtesponsible, under the terms of the coverage, to "make whole" the insured party in the event of a title failure due to any covered issues, such as their searchers/examiners missing a mortgage or deed or easement in their search. NY Owner's Policies DO show E&Rs.

Have you gone into your purchase file and LOOKED to see if there IS a copy of a Title Policy or Commitment? Looked at your purchase closing statement to see if there is a commitment number and fee reflected on the closing statement? A disbursement out of closing to a particular title company?

Most E&Rs continue to run with the land. I have seen some E&Rs that had "expiration dates", such as the one that applies to my block, which expired fifty years after recording.

Regardless, you CANNOT determine on your own if this applies.

[HomeGuru]

[quote=fidlrjiffy]In NY, at least, title searches do not tell you very much about anything. It is my understanding that they insure that the title to the property is clear. They say nothing about restrictions, easements, or anything else that might affect the property. What I have received regarding title from the couple of refinances I have done have said nothing regarding restrictions.

**A: not true as I have read NY ttitle reports and I found listed CC&R's, easements, judgements, pendency notice , encroachment agreements etc.