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Old 04-26-2013, 08:28 PM   #15
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Bummer, but you signed the deed transfer, which includes any and all deed restrictions. It's not the title company's job to point that out, any more than it would be to point out that the lot may be small or the purchase price too high. The restrictions are part of what you bought and the decision was yours.

That said, get an attorney and go through what the deed restrictions actually are. just becasue a neighbor thinks you are in violation does not mean that you are.
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Old 04-26-2013, 09:17 PM   #16
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Nice neighbor.Sounds like you are in for a good time over the years.Good luck
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Old 04-26-2013, 09:36 PM   #17
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If it's a deed restriction violation, did you not receive warning letters? In our HOA, they operate with the warning system to give time for the offender to remedy the situation. (Not that I would know about that... )

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Old 04-26-2013, 10:40 PM   #18
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Hmmm! It's called "Deed Restrictions," now I have seen some of those in some communities in Texas and the Deed has the restrictions listed on them. But that's Texas and you're in MI. Sorry.
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Old 04-26-2013, 11:05 PM   #19
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It is not up to the next door neighbor to file a suit. It should happen through the city, the HOA if there is one and not a crappy neighbor.
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Old 04-27-2013, 07:50 AM   #20
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Over the years I have seen things like this happen far too offten. Blame can be placed on the realtor and the buyer for not doing their homework before buying. In Florida I was told "Yes" I can have a RV, "no Problem" when I asked to see the restrictions for the neighborhood it stated NO rv's over 24 ft. in length and they must be stored at the rear of the property with no portion further forward than the back line of the home.
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Old 04-27-2013, 08:07 AM   #21
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Restrictions can be placed in the deed, but not all states and localities handle it the same way. In some instances, the HOA and/or covenants are a separate document that must be signed separately at closing. And, depending on your laws, the covenant may be void if you were never presented with the documents and signed them. It's fairly clear-cut in New Hampshire, for instance. If one buyer doesn't sign the covenants, they're broken for everyone. If someone violates them and no one complains, they're broken for everyone. That's why you can be sure you'll get them pushed at you during the closing if the place you're buying is a recent subdivision, because the developers are watching and doing everything to keep property values up. In older subdivisions, often no one is enforcing covenants any longer and they fall by the wayside. HOAs have to be maintained and re-upped periodically or they lose their legal status because a contract must have an end date -- can't be perpetual.

Check with a lawyer, because it may be possible to still settle amicably, or you just have a nosy neighbor trying to revive a defunct HOA covenant in a nasty way. Either way, you need to know your specific area's legal aspects. Research it, and don't go in blind.
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Old 04-27-2013, 08:58 AM   #22
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There is no HOA. None of the neighbors (includes 10 houses) knowing anything about this. People we bought house from knew nothing. It is from 1980 says can only be here 2 wks. This 2 wks is in section that talks about building houses. WE say it says can not have trailer while building. Another neighbor had camper for 13 years. So we bought one and had in yard last summer. Neighbor said cant have for over two weeks from deed restriction (which does exist we later fund out). I had camper in driveway till sept and been storage since. He filed suit against me and neighbor with trailer in April. He is neighborhood bully.
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Old 04-27-2013, 09:13 AM   #23
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You could try to get the deed restriction removed.
A little reading material. Restrictive Covenants in Michigan
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Old 04-27-2013, 10:57 AM   #24
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Get a copy of the restrictions from your title company, you may already have a copy in the closing documents. Read them for any reasonable interpretations. If he is right you might have to suck it up. If clearly it was intended to only apply to the building phase of a home, you may have a good case but will have to hire an attorney to rattle his cage. If you want to fight it, it could come to a judge's decision. Good luck.

I have a similar situation as our restrictions clearly state that only BOAT trailers are allowed. I kept my snowmobile trailer next to my garage for 25 years before the HOA decided to get a judge to clarify the trailer rule across 16 sections of our sub, all built at different times, each deed restriction getting slightly tougher. Now they enforce it and all I can get away with is about a week before I get a first notice. I put a nice conc pad next to the garage for the MH, but only for prepping for a trip or doing limited work. They didn't hassle me for 2 weeks while I put a new floor in. I live in a nice sub and frankly, I don't want a MH sitting next to my home all summer. I keep it in storage 2 miles away for $50 per month.
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Old 04-27-2013, 11:39 AM   #25
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Deed restrictions are likely (I expect depends on state) stronger than any HOA rules. The phrase 'let the owner beward' holds some truth. You must have had something more meaningful than "I was told . . . ". This may get troublesome and not turn out bad.
What has the plaintiff asked for - money? cessation of restricted acts? or just put you on notice with an 'intent to file suit'?
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Old 04-27-2013, 11:55 AM   #26
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The guy may not be a "bully". Just someone who bought a home in the neighborhood with the understanding that no trailers were allowed. You're going to be neighbors for a long time. Best to get on better terms and live peaceably. We store ours in a storage facility and bring it to the house only for 24 hour periods to load/unload. We love our neighbors
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Old 04-27-2013, 12:13 PM   #27
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Quote:
Originally Posted by AdvntureCats View Post
Restrictions can be placed in the deed, but not all states and localities handle it the same way. In some instances, the HOA and/or covenants are a separate document that must be signed separately at closing. And, depending on your laws, the covenant may be void if you were never presented with the documents and signed them. It's fairly clear-cut in New Hampshire, for instance. If one buyer doesn't sign the covenants, they're broken for everyone. If someone violates them and no one complains, they're broken for everyone. That's why you can be sure you'll get them pushed at you during the closing if the place you're buying is a recent subdivision, because the developers are watching and doing everything to keep property values up. In older subdivisions, often no one is enforcing covenants any longer and they fall by the wayside. HOAs have to be maintained and re-upped periodically or they lose their legal status because a contract must have an end date -- can't be perpetual.

Check with a lawyer, because it may be possible to still settle amicably, or you just have a nosy neighbor trying to revive a defunct HOA covenant in a nasty way. Either way, you need to know your specific area's legal aspects. Research it, and don't go in blind.
Exactly in our case. Place came with restrictions on some things like RV parking and rentals. the info was included in the paperwork we received before signing the final paperwork. RV's behind the front line of the house. After 20 years they all expired unless renewed, which they weren't. So, now we have rentals in the area and they aren't kept up, so far the RV's haven't been a problem though.
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Old 04-27-2013, 01:22 PM   #28
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Quote:
Originally Posted by AdvntureCats View Post
Restrictions can be placed in the deed, but not all states and localities handle it the same way. In some instances, the HOA and/or covenants are a separate document that must be signed separately at closing. And, depending on your laws, the covenant may be void if you were never presented with the documents and signed them. It's fairly clear-cut in New Hampshire, for instance. If one buyer doesn't sign the covenants, they're broken for everyone. If someone violates them and no one complains, they're broken for everyone. That's why you can be sure you'll get them pushed at you during the closing if the place you're buying is a recent subdivision, because the developers are watching and doing everything to keep property values up. In older subdivisions, often no one is enforcing covenants any longer and they fall by the wayside. HOAs have to be maintained and re-upped periodically or they lose their legal status because a contract must have an end date -- can't be perpetual.

Check with a lawyer, because it may be possible to still settle amicably, or you just have a nosy neighbor trying to revive a defunct HOA covenant in a nasty way. Either way, you need to know your specific area's legal aspects. Research it, and don't go in blind.
CC&Rs Must (as I recall) be written into the deed. Else they may not be valid.
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