What is the name of your state (only U.S. law)? Wisconsin
In 2009 my wife and I took out a construction loan and purchased a single lot of property in a newer development outside of Madison. We had a home built and from the beginning all the way through the closing there was no mention of a restrictive building covenant. We closed at the end of October beginning of November in 2009. Spring of 2010 I decided to finish my basement and put a storage shed in my back yard. I went down to the city and was approved for a building permit with the drawings that I provided. I then asked one of the contractors that worked on my home for a wheel barrow and mentioned the shed to him. He then told me that he believed there is a restrictive covenant in the area and that I needed the approval of the two parties who held the rights to the covenant before proceeding. I then contacted the title company via email (I still have the emails) and asked them for a copy of this covenant. I followed the rules and built the shed.
Now I want to put up a 6' fence on my property which the city will allow but the covenant does not allow this. I have the approval from one of the parties but not the other. At this point I am wondering if I have to follow the actions of the covenant since I was never made aware of it prior to purchasing and building. According to some articles that I have read you must be made aware of the covenant by the seller in order for it to be valid. There are also several violations to the covenant that are not being enforced even after people from the neighborhood have complained to the covenant controllers.
Is there any way around it or am I just stuck?