2nd part I had my ladn sold the original owner agreed to release me from the first right and also from the restriction of dividing, however an adjoing property owner filed a letter claiming I was in violation of my deed restrictions, they did not know I had asked the parent(original owner) to remove the deed restriciton, my contintion is this is my deed restriction which encumbers my property and is none of their business as this is not a subdivision, and in America I do not have to tell my neigbors what I am doing with my property!They cost me the sale on the home.Can I sue for tort of contract?Originally posted by HomeGuru:
Diva, is your situation real or hypothetical? What are the specific details with respect to the restriction on the deed? There may be rules but there are also exceptions.<HR></BLOCKQUOTE>
This is a real suitation. The original owner sold 4 tracts in 4-5 acres to the childern and retained apx. 65 acres, which they divided into much smaller tracts and with diferent deed restricitons, out of the 4 childern only one still retains the property. The deed restricitons contained a restricition that stated if the property was sold the original owner(parents) had a first right of refusal, also a deed restriction that the property could not be divided, however the 65 acres retained by the parents did not have these restricitons and they since soldmuch smaller tracts with slightly different deed restricitons. When these properties were sold the parents had to quit claim their interest, my question is I remember reading in my real estate classes that the person that placed a deed restriciton can remove that restriction before the restriciton expires, my next question is, does an adjoing property owner have any say so? And if so, then how come the balance of the property can be restricted differently?
**************************************Originally posted by xtradiva:
2nd part I had my ladn sold the original owner agreed to release me from the first right and also from the restriction of dividing, however an adjoing property owner filed a letter claiming I was in violation of my deed restrictions, they did not know I had asked the parent(original owner) to remove the deed restriciton, my contintion is this is my deed restriction which encumbers my property and is none of their business as this is not a subdivision, and in America I do not have to tell my neigbors what I am doing with my property!They cost me the sale on the home.Can I sue for tort of contract?Originally posted by HomeGuru:
Diva, is your situation real or hypothetical? What are the specific details with respect to the restriction on the deed? There may be rules but there are also exceptions.<HR></BLOCKQUOTE>
This is a real suitation. The original owner sold 4 tracts in 4-5 acres to the childern and retained apx. 65 acres, which they divided into much smaller tracts and with diferent deed restricitons, out of the 4 childern only one still retains the property. The deed restricitons contained a restricition that stated if the property was sold the original owner(parents) had a first right of refusal, also a deed restriction that the property could not be divided, however the 65 acres retained by the parents did not have these restricitons and they since soldmuch smaller tracts with slightly different deed restricitons. When these properties were sold the parents had to quit claim their interest, my question is I remember reading in my real estate classes that the person that placed a deed restriciton can remove that restriction before the restriciton expires, my next question is, does an adjoing property owner have any say so? And if so, then how come the balance of the property can be restricted differently?