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Declaration of covenants, conditions and restrictions

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kittyw

Junior Member
What is the name of your state (only U.S. law)? CALIFORNIA

We just bought a house in Newport Beach, CA and during disclosure, we found a contract signed in 2015 from the house' ex ex owner and two of its direct neighbours, which put a lot of restrictions to the future renovation/construction/extension possibilities to the house including clauses like no roof decks, improvement height limits, landscaping height limits, etc.. The purpose of it is to protect the view of the houses of the two neighbours. Interestingly, from the benefited neigbours, actually one of them was the ex ex owner of the house burdened, meaning that he acted both as the benefited party and burdened party for the contract. Shortly after this contract was signed and notarised, this neighbour sold the house. The contract is supposedly valid for 60 years and more and it is valid for all current and subsequent owners of the house. One more point maybe noteworthy is that, this direct neighbour has built a three storey home directly next to our house....

How legally binding is it for the two neighbours of neigbouring lots to put such convents and restrictions/conditions on the lot, which is supposedly to be binding for all future buyers of the lot/house? And the beneficiary of the contract was supposed to have got a nominal fee of USD100 from the parties putting the restrictions on the house.... Is there any chance to revoke this contract?

Thank you very much for your support and advice.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? CALIFORNIA

We just bought a house in Newport Beach, CA and during disclosure, we found a contract signed in 2015 from the house' ex ex owner and two of its direct neighbours, which put a lot of restrictions to the future renovation/construction/extension possibilities to the house including clauses like no roof decks, improvement height limits, landscaping height limits, etc.. The purpose of it is to protect the view of the houses of the two neighbours. Interestingly, from the benefited neigbours, actually one of them was the ex ex owner of the house burdened, meaning that he acted both as the benefited party and burdened party for the contract. Shortly after this contract was signed and notarised, this neighbour sold the house. The contract is supposedly valid for 60 years and more and it is valid for all current and subsequent owners of the house. One more point maybe noteworthy is that, this direct neighbour has built a three storey home directly next to our house....

How legally binding is it for the two neighbours of neigbouring lots to put such convents and restrictions/conditions on the lot, which is supposedly to be binding for all future buyers of the lot/house? And the beneficiary of the contract was supposed to have got a nominal fee of USD100 from the parties putting the restrictions on the house.... Is there any chance to revoke this contract?

Thank you very much for your support and advice.
Your question goes beyond the scope of an internet forum. You will want to get an experienced real estate attorney on board for this transaction. Best of luck to you.
 

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