• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Subdivision Restrictive Covenants?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

H

HB

Guest
I purchased a home on 4 acres of land in Kentucky. The property is the outer border but within a subdivison plat. The subdivision plat is divided into lots. My property is not divided or numbered as a lot on the plat. My deed states, "the foregoing real estate conveyed subject to all covenants, easements, restrictions and reservations prviously imposed and appearing of record," and was originally purchased from the subdivision holders. Looking at the restrictive covenants, it states, quote ... "shall apply to all lots in the subdivison."
Is my property subject to the covenants? P.S. I do not have access to my property from within the subdivison.
 


H

HB

Guest
There are no recorded restrictions in the wording of my deed. One sentence (paragraph) simply states ... The foregoing real estate is conveyed subject to all covenants, easements, restrictions and reservations previously imposed and appearing of record. When you run the deed book numbers and pages referenced from deed to deed back through previous owners, you do find the deed containing the restrictive covenants for the subdivison. Again, just to clarify, those restrictive covenants specify "shall apply to all lots" in the subdivison. My property was never subdivided into lots. The original plat of the Princeland Estates subdivision shows 108 numbered lots. My property borders some of these lots but is not part of them. One other point (important?), the subdivision entity has been defunct since 1980. One restriction states ... House plans shall be approved by Princeland, Inc., Board of Directors. There is no Board of Directors any longer.
 

HomeGuru

Senior Member
Whatever the recorded restrictive covenants are that's what you follow.
This is a separate document that is recorded on title and runs with the land.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top