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I see how this could hurt your value when you attempt to see. If the violation is serious, the new owners may not be able to get title insurance. This effectively makes the property unmortgageable. That would restrict the buyers to cash only buyers which are few. Again, I think that this issue is best addressed with your attorney.
answer by
James Davis
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answered questions:
15
Frankly, I fail to see the relationship between restrictive covenants and property value. A restrictive covenant states that you can or cannot do a certain thing with your property. For example, A former Justice to the US Supreme Court had a racial restrictive covenant to real property in a Southwestern state years ago. The property value was in no way affected by the covenant. In that instance, it was illegal. Yours can be illegal as well. For instance, if where you are is strictly residential zoning and you conduct a comercial business, your neighbors have no bearing on the legality of your deed. They may condone it, but the County may not. Let's say for instance that a new purchaser move next door to you; that person can possibly bring a nusiance abatement, or some other action, against you depending on the violation you are referring to. A reputable real estate attorney can help with this issue. Because, what restrictions were applicable in 1954 to real property in this state, may not be applicable to today's market. I would examine the deed very carefully, however. Considering the original deed, it may invoke some legal questions. Keep in mind, the fact that your neigbors condone an action does not make it right.
I'd recommend contacting an attorney about this matter.
I see that you are in a non-HOA environment. To answer the questions I would need to know what restrictive covenants you have violated.
Without knowing which covenants you're thinking of violating, and the location of your property, it's difficult to provide a reasonable answer. For example, there may be a covenant against keeping goats, and your neighbors may not care, but ... This is the type of question you should direct to your realtor.
Hi Tiffany,
Great question! If the covenants are on the deed, then you have to get them changed legally through the county/city, though you are not in an HOA or Condo Association. It is best to go by the book when you want to implement the changes, then it will be easier to go through the selling process and not be held up, due to having to make the change. Hope his will help you.
Sylvia Montalvo, Prudential PenFed Realty, Alexandria, VA