Property Restrictions and Neighbor Problems

[45Frank]

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

Ok I bought my property about 10 years ago, they came with restriction given to me by both the property owner and my attorney, I assume he got them from the title search I have no idea but they are registered and on the deed. Problem is they specifically say NO SINGLE WIDE homes, Min. home size of 800 sq. feet, no campers and a host of other things about garbage and cars and such, even how and what could be divided. This was a major motivation for me to buy.
I have a neighbor who has decided to put in a camper maybe 200 sq.ft. and rent it, a four car garage is now half an apartment. Now is measuring to put a small single wide and says she is going to use my driveway going to my pasture and her attorney said I HAVE TO ALLOW HER ACCESS, she can get to it by her own property but mine is paved. She rents to ANYONE and gets top dollar because she gets lowlifes who couldn't rent anyplace else. The cops are there regularly, one wiped her out stealing everything in her own home and then couldn't evict her. My family has been here 25 years ad never had anything stolen now it's a reg. thing. Just 2 weeks ago the sheriff took someone else away and was charged with 4 county of B&E, Larceny and a host of other crimes.
We approached her and first denied ever seeing such restrictions, isn't that the fault of HER attorney not ours. Then she said they were civil and the law can't make her remove the rentals We would have to sue her. Is this true and what could we do????????????

 

[justalayman]

first, how do you know the neighbor has the same restrictions you do?

Then, is there an active HOA?

Then, are any of the actions (renting a garage as a residence, renting a travel trailer as a residence) against local ordinances?


as to her using your drive: is there any easement that would allow such use? If not, then deny the use and contact the police if anybody trespasses.

 

[HomeGuru]

first, how do you know the neighbor has the same restrictions you do?

Then, is there an active HOA?

Then, are any of the actions (renting a garage as a residence, renting a travel trailer as a residence) against local ordinances?


as to her using your drive: is there any easement that would allow such use? If not, then deny the use and contact the police if anybody trespasses.

**A: I agree.

 

[154NH773]

she is going to use my driveway going to my pasture and her attorney said I HAVE TO ALLOW HER ACCESS

You do not have to listen to someone else's attorney.

I agree with the others who have posted answers to you. You should consult a local attorney and have him/her examine the claims of the other lawyer, and your deed, and then explain to you what your legal obligations are.

Without a lot more information and research, you will not get an adaquate answer on this forum.

 

[45Frank]

As far an association no it's just 7 lots on the side of the mountain. I have paid for all road improvements for the last 10 years and snow plowing of the road even though the restrictions say all shall pay an equal amount. She has 4 occupancies on her property and refuses to pay anything and even rent one of her rooms in her own home.
We all have the same restrictions that were made up by the original owner when the land was sub-divided years ago. I have gone to the deed office and they say on the bottom what page to go to to find the restrictions that are in a different book then the deeds.
I have already had my property surveyed (2,500.00)and all easements were investigated by the surveyor are on a notarized survey and there is only the one for the main drive/road.
Also we are in an un-incorporated town with no zoning. The only thing the county has jurisdiction over is Well, Septic and Building codes.

 

[HomeGuru]

As far an association no it's just 7 lots on the side of the mountain. I have paid for all road improvements for the last 10 years and snow plowing of the road even though the restrictions say all shall pay an equal amount. She has 4 occupancies on her property and refuses to pay anything and even rent one of her rooms in her own home.
We all have the same restrictions that were made up by the original owner when the land was sub-divided years ago. I have gone to the deed office and they say on the bottom what page to go to to find the restrictions that are in a different book then the deeds.
I have already had my property surveyed (2,500.00)and all easements were investigated by the surveyor are on a notarized survey and there is only the one for the main drive/road.
Also we are in an un-incorporated town with no zoning. The only thing the county has jurisdiction over is Well, Septic and Building codes.

**A: then if the neighbor has the exact same deed restrictions, you can enforce that by court action.

 

[154NH773]

**A: then if the neighbor has the exact same deed restrictions, you can enforce that by court action.

Agreed.

Also, if you have documented the costs for maintaining the road, and can prove that you have asked her to share in the cost, and can prove that she has refused; you can probably sue in a small claims court for unjust enrichment. If the case would have to interpret the easement language, then a higher court would probably be necessary.

ays she is going to use my driveway going to my pasture and her attorney said I HAVE TO ALLOW HER ACCESS,

all easements were investigated by the surveyor are on a notarized survey and there is only the one for the main drive/road

Then that is the only one you have to allow her to use.

 

[45Frank]

Thanks all for the information it will give me confidence when I go ahead. The whole time taking care of the road I really never asked for money except three times. Last year we had a lot of snow and my tractor spun a tire and I lost all the fluid so I twice called a local guy to plow and once this fall I had to buy stone. The reason I never asked for money there was always one or two neighbors who would either throw me enough for diesel or bring up cookies or homemade bread and appreciated it.
When I had to pay for the plowing and stone I counted roofs and the other neighbors thought it was only fair since she had three dwellings and was making money off of them. She thought it was unfair and gave me a whole 5 dollars. Every one gave 22.00 she gave me five and said we were taking advantage of her. The sad part is this women is very rich and has 3 vehicles and travels regularly and also has a huge home SC.