Looking to Buy a Lot (Question Regard Deed Covenants)

[baseballmw8]

Good Afternoon,

My Fiancé and I are looking to buy a lot in a small subdivision in our hometown.

There are about 15 housed split up into 1.5 acre lots.

After acquiring the deed covenants from the listing agent we noticed that our house that we will be building needs to be 3,000 Square Feet Heated.

This is simply too large for us, we have no and plan on building anywhere from 2,200-2,600.

After meeting with the realtor yesterday he informed me that it is not heated square feet it can also have the square footage of a carport, patio roof, and porch.

He is going to be looking into this for us because I saw the deed saying it was heated square feet.

I also looked up some laws in FL and the Marketable Record Title Act states that after 30 years of of the deeds inception it expires, the entity that signed the deed is also no longer active (not sure if that matters).

Anyways we are in love with the lot and would love to move forward with it.

I would love to hear of any experience you guys have had with this or if anyone knows who I could get some answers from as far as city or county departments.

Thanks Guys

 

[PayrollHRGuy]

If the Covenant states, "3,000 Square Feet Heated" why would the real estate agent think that less would be OK? Please don't take any further legal advice from that agent he/she is trying to make a sale.

The law you mentioned has multiple exceptions (I didn't count them all but there were more than 2) excluding covenants as you described from the law.

Is there an HOA associated with the land?

 

[xylene]

Anyways we are in love with the lot and would love to move forward with it.

Then build a house that conforms to the subdivision.

You'll love the 400 extra sq feet of space.

 

[bcr229]

Do not take legal advice from realtors. Their goal is to sell you a home (or a lot), so many will say anything to get you to closing.

Have any houses been built in the subdivision yet? If so are there any under 3000 sf? Is there an HOA tasked with enforcing the covenants?

I'm also in a deed restricted community, though without an HOA so if someone violates a restriction then a neighbor would have to sue. As a result quite a few of those restrictions get ignored. Once example is that we can have no more than a combined total of two dogs and/or cats per residence, yet I know a few folks with three or more indoor cats and there's no way I'm filing a lawsuit over it.

 

[adjusterjack]

One more time: Do not take legal advice from realtors. Pardon my French but they are w-h-o-r-e-s to the commission, even the so-called buyer's agent. But enough of that.

These deed restrictions of which you speak, are they the first recorded restrictions from when the subdivision was created or are you looking at only a previous deed to the property in question.

If you don't have the former you need to get it as the exact wording of the original subdivision restrictions will be important. You also need to find out if there were any modifications to the restrictions of the subdivision.

I'm looking for a house in my area and I learned about all that recently. I also learned that there is a lot of case law regarding deed restrictions. There are exceptions and there are defenses against somebody who is trying to enforce them, which will usually be a disgruntled neighbor who doesn't like what you are doing.

Hire yourself a lawyer before you commit to buying the lot.

 

[xylene]

What's this getting over on the deed advice?

Following it is NOT problematic.