Deed Restriction Violation - Need Help

[Mass_Shyster]

You need to speak with a Florida Real Estate Attorney familiar with deed restrictions to determine if the deed restrictions create a negative reciprocal easement, or even a negative easement. See http://www.floridageomatics.com/flalaw/main.htm?http://www.floridageomatics.com/flalaw/cases/fiore-hilliker.htm&2 for an example.

 

[LdiJ]

I'm fairly certain that all the docks are in accordance with county/state regulations, as they have received permits to build.

My one other question would be this:

This is taken from the deed restrictions that I posted the link to above:


These worry me, in that to me it sounds that it doesn't matter if other people have broken the rules in the past, and if they have not been enforced in the past. It sounds as though my neighbor or neighbors could still have a case against me breaking the same restrictions. What do you guys think? Would it hold up in court?

PLEASE consult a local real estate attorney...you are giving an internet forum too much validity. We can give general opinions but you NEED the advice of a local real estate attorney.

 

[justalayman]

I have to agree with the others. It's time to seek an attorney practicing I real estate. You have a ton of info and a preliminary look suggests the restrictions are not enforceable but all the babble on an Internet forum won't do you any good in court. It's time to go to the next step and hire an attorney.

 

[STEPHAN]

Keep in mind – even if you have not planned to sell your house right now – that one day you might want or have to sell it. Even if you get by with some violations, you will have to inform your buyer about the legal situation and that might significantly reduce the value of your house.

So, get it fully sorted out with lawyers and if necessary in court.

 

[OHRoadwarrior]

It sounds like this could become fun, with everyone in the hood suing based on each others violations.

 

[justalayman]

after reading the documents you really need a lawyer and a llooooonnnnngggggg talk with the title insurance folks. If they missed that, they were negligent in their search.


Read what you linked and pay special attention to the amendments #6. The way I read the literature is it does not require an HOA to enforce the restrictions.

There are arguments the restrictions (at least some of them) may not be enforceable but even worse, it would appear is a majority of the owners wish to alter any single restriction, they can. That would mean that if a majority of the owners want to remove the limitation on the length of the docks and nothing else, they can and leave the remaining restrictions intact.

 

[Brian888]

Actually I have been dealing with some attorneys. The Title insurance company has appointed me an attorney to try and resolve the issue with the neighbors. We've gone door to door asking for them to vote to lift the restrictions. That didn't work, so they have now sent out a draft of a lawsuit which is suing everyone to get the restrictions deemed abandoned. Whether or not the Title Insurance actually goes through with the lawsuit against the residence in the subdivision, I don't know yet. Should know more in about 2 weeks. They are getting an appraisal done of our lot in order to determine the decreased value due to the restrictions. They will either offer to settle with us, or determine it would be cheaper and more effective to pursue a lawsuit against the residents in the subdivision in order to get the restrictions lifted.

I had been working with another attorney prior to the title insurance company getting involved, but stopped using him as I figure it is a waste of $90/hour to pay someone just to forward me emails from the insurance company. My plan is to retain the same attorney again if the title insurance company offers a settlement, in order to get the maximum return in the settlement.

 

[justalayman]

$90 an hour? Does he actually have a license? Just kidding but that is c h e a p cheap.


keep us updated if you will. I would be interested in hearing the outcome.

I won't put money on it but I would put odds on the title company settling with you and not getting into the legal hassle with the other owners. Most likely the cheapest route and the only one with an outcome with a known ultimate cost.