Removing Deed Restrictions

[ToledoLandOwner]

I'm guessing that I'm going to need to consult a local attorney about this to actually make any progress, but I wanted to make sure I wasn't going to be wasting someone's time so I'm asking here first to see if I should pursue this further with an attorney.

I bought 5 acres in the Toledo, Ohio area that I used to build my house on. A previous owner placed deed restrictions on the property that limited some of the things you could and could not do with the property. It prohibits certain things (like putting a fence in the front yard or owning any livestock except chickens) and any improvements on the property require the approval of the original owners who set up the deed restrictions (thought it does not provide a way to get in contact with said owners).

My question is can the deed restrictions be removed? The only clause in the restrictions that deals with the term of the deed restrictions states "These covenants and restrictions are to run with the land and shall be binding upon owners, and all persons claiming under or through them, until the first day of January 2014, at which time said covenants and restrictions shall be automatically extended for successive periods of ten years".

Based on that, is there a way to cancel them at the end of one of the ten year periods? Do I have any hope?

 

[quincy]

I'm guessing that I'm going to need to consult a local attorney about this to actually make any progress, but I wanted to make sure I wasn't going to be wasting someone's time so I'm asking here first to see if I should pursue this further with an attorney.

I bought 5 acres in the Toledo, Ohio area that I used to build my house on. A previous owner placed deed restrictions on the property that limited some of the things you could and could not do with the property. It prohibits certain things (like putting a fence in the front yard or owning any livestock except chickens) and any improvements on the property require the approval of the original owners who set up the deed restrictions (thought it does not provide a way to get in contact with said owners).

My question is can the deed restrictions be removed? The only clause in the restrictions that deals with the term of the deed restrictions states "These covenants and restrictions are to run with the land and shall be binding upon owners, and all persons claiming under or through them, until the first day of January 2014, at which time said covenants and restrictions shall be automatically extended for successive periods of ten years".

Based on that, is there a way to cancel them at the end of one of the ten year periods? Do I have any hope?

Do you know why there are these particular restrictions on the land? Are they consistent with local ordinances?

 

[zddoodah]

and any improvements on the property require the approval of the original owners who set up the deed restrictions (thought it does not provide a way to get in contact with said owners).

When were these deed restrictions put into place? Also, I take it that the person who put them in place is not the person from whom you bought the property. Correct?

My question is can the deed restrictions be removed?

In the abstract, virtually anything, including this, is possible. Keep in mind that it's possible (again, in the abstract) that the restrictions in question aren't enforceable.

Out of curiosity, when you became aware of these restrictions when you were in the process of buying the property, did you make inquiry of the seller (or anyone else)? If not, why not? If so, what response did you get?

Based on that, is there a way to cancel them at the end of one of the ten year periods? Do I have any hope?

You will, indeed, need to take the deed to a local attorney for review and advice.

 

[ToledoLandOwner]

When were these deed restrictions put into place? Also, I take it that the person who put them in place is not the person from whom you bought the property. Correct?



In the abstract, virtually anything, including this, is possible. Keep in mind that it's possible (again, in the abstract) that the restrictions in question aren't enforceable.

Out of curiosity, when you became aware of these restrictions when you were in the process of buying the property, did you make inquiry of the seller (or anyone else)? If not, why not? If so, what response did you get?



You will, indeed, need to take the deed to a local attorney for review and advice.

Thanks for the reply, I really appreciate it. I think the deed restrictions were put into place in 2004. I was aware of the restrictions prior to purchasing the property, I kind of just accepted that they were there and thought that I'd look into having them removed in the future, but it wasn't a deal breaker. The person that I bought the property from was not the person who put them in place. I know that the people who did put them in place live a couple doors down; they split their original lot and sold off all of the parcels except the one with their house. One lot was sold and improved almost immediately, my lot was next, and there is another lot next to mine that is now for sale (but not from the original owners. I'm also interested in buying that lot to turn my 5 acres into 10).

I haven't had much interaction with the couple that made the restrictions, but my neighbor has butted heads with him a few times over various things (the grading of his lot and putting in a pole barn, both of which are discussed in the restrictions). I was hoping that there was some sort of work-around with the 10 year automatic extension.

 

[quincy]

Here is a link to Lucas County information on chickens followed by a link to the Toledo codes:

https://lucascountyhealth.com/other-programs/

https://toledo.oh.gov/departments/plan-commission/codes

There are numbers to call so you perhaps can get answers to your specific deed restrictions.

 

[ToledoLandOwner]

Do you know why there are these particular restrictions on the land? Are they consistent with local ordinances?

They original owners wanted to protect the value of the property in the area. I think they are consistent with local ordinances, in that there is nothing outlandish in them and they are generally reasonable.

 

[quincy]

They original owners wanted to protect the value of the property in the area. I think they are consistent with local ordinances, in that there is nothing outlandish in them and they are generally reasonable.

You might want to call your city/county office to see if the restrictions can be lifted, this before consulting with an attorney.

 

[adjusterjack]

Do I have any hope?

I asked you on the other site what you wanted to do with your property that doesn't comply with the restrictions.

 

[quincy]

The only restriction mentioned that seems unreasonable to me is the one that says any improvements “on the property” require approval of the “original owners.”

I know historic houses can have restrictions on altering the house without approval (generally from an historical society) but these restrictions generally don’t include the entire property. And original owners eventually die.

 

[ToledoLandOwner]

I asked you on the other site what you wanted to do with your property that doesn't comply with the restrictions.

Good question. I don't have anything in particular in mind, more just wanting to not have to worry about them at all. Also, I can be impulsive, like I want to put up a shed NOW, I don't want to wait to get permission.

 

[ToledoLandOwner]

The only restriction mentioned that seems unreasonable to me is the one that says any improvements “on the property” require approval of the “original owners.”

I know historic houses can have restrictions on altering the house without approval (generally from an historical society) but these restrictions generally don’t include the entire property. And original owners eventually die.

The actual verbiage includes "their heirs, successors, or assigns", so it's not just a matter of waiting them out.

 

[quincy]

Good question. I don't have anything in particular in mind, more just wanting to not have to worry about them at all. Also, I can be impulsive, like I want to put up a shed NOW, I don't want to wait to get permission.

I would contact the city/county first about the restrictions on the deed, and contact an attorney second.

 

[FarmerJ]

Maybe a subject to include when talking to a lawyer would be that Some day that original owners property may be for sale as in after they die and that could be the time to buy theirr property and have the attorney draw up the paperwork needed to end those restrictions and then to resell it