Single Family Home deed restriction

[Rich P]

Ohio. I've purchased a home in a part of my town zoned R2 single and multifamily. This home was originally a 3 bedroom ranch home. The previous owners added an addition of a two bedroom unit. The new unit has its own kitchen and bath, basement and separate entrance. Our deed restrictions indicate homes in the neighborhood are to be single family homes. Some of the neighbors are not happy and have threatened to take us to court over our intended use. Does anyone know if the deed restrictions prevail or because our township designates our neighborhood as R2 we are within our rights to use as a duplex. In addition this home has never been used as a duplex.

Thanks so much.

Rich

 

[zddoodah]

One would need to read your deed restrictions and the local zoning laws to have any hope of giving you an informed answer. I suggest you consult with a local attorney. Also, if you obtained a policy of title insurance when you bought your home, you should report the threatened litigation to the insurer.

 

[Ohiogal]

One would need to read your deed restrictions and the local zoning laws to have any hope of giving you an informed answer. I suggest you consult with a local attorney. Also, if you obtained a policy of title insurance when you bought your home, you should report the threatened litigation to the insurer.

Title insurance will only help if someone else is claiming ownership of the property.

 

[PayrollHRGuy]

The more restrictive between the Deed Restriction and zoning will prevail.

 

[adjusterjack]

Does anyone know if the deed restrictions prevail or because our township designates our neighborhood as R2 we are within our rights to use as a duplex.

My gut says that the deed restriction is likely to prevail. Here's what I learned last year. I was looking for a home with a back yard large enough to build a multi-car garage/workshop. County zoning and city building codes were fine as long as I put the building within the required setbacks. Unfortunately, several otherwise suitable homes had deed restrictions limiting the amount of garage space on the property and they all had one thing in common. They all allowed any homeowner to bring suit to enforce the deed restrictions.

I'm guessing that your deed restrictions allow the same thing.

You refer to "some of the neighbors" meaning more than one homeowner. It would be relatively inexpensive for them to pool resources and get an injunction against your proposed use and your post does seem to imply that they are serious.

Yes, by all means, consult an attorney and review your options. Then decide if you are up to an expensive court fight that you might very well lose or rather just enjoy all that extra space in your single family home.