What is the name of your state (only U.S. law)? Idaho
Two years ago, we bought a home through an auction of a foreclosed property. We have a Corporate Warranty Deed from the financial institution that foreclosed. The deed does not identify any CC&Rs (we are 7 acres in a rural area), but we have since been notified that when the original land owner subdivided his property into ours and seven others, he filed a CC&R with the county.
Is that CC&R enforceable on us if we were not made aware of its existence during the escrow period and title search? We did not agree to or sign any document of this kind. It was not provided to us by the title company or the sellers (the bank).
The reason this has come to our attention now is that some of the subdivided properties on the far end of the original property have been purchased and developed, and the homeowners have received a bill for local water shares. They have indicated to us that they believe we should share in paying this bill. We have a water share that we have been utilizing minimally, but were under the impression that it was included as part and parcel of the deed. However, we have nothing in writing that backs us up at this point.
Two years ago, we bought a home through an auction of a foreclosed property. We have a Corporate Warranty Deed from the financial institution that foreclosed. The deed does not identify any CC&Rs (we are 7 acres in a rural area), but we have since been notified that when the original land owner subdivided his property into ours and seven others, he filed a CC&R with the county.
Is that CC&R enforceable on us if we were not made aware of its existence during the escrow period and title search? We did not agree to or sign any document of this kind. It was not provided to us by the title company or the sellers (the bank).
The reason this has come to our attention now is that some of the subdivided properties on the far end of the original property have been purchased and developed, and the homeowners have received a bill for local water shares. They have indicated to us that they believe we should share in paying this bill. We have a water share that we have been utilizing minimally, but were under the impression that it was included as part and parcel of the deed. However, we have nothing in writing that backs us up at this point.
