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Old 04-26-2013, 12:58 PM   #1
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Deed Restrictions

I bought my house three years ago and was told there are no deed restrictions. Last year I bought a trailer. Now neighbor is sueing me for having the trailer. Title company said they only look for money stuff. If anyone can claim anything on the house. I thought they were suppose to also find anything like restrictions. Im in Michigan.



Need help.



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Old 04-26-2013, 01:24 PM   #2
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Seems like deed restrictions should be recorded public knowledge when the land was originally platted for its present use, and should have been known both the title company and the realtor that sold you the property if either did their job. If the restrictions forbid parking your TT on your property, I would suspect you don't have any option but to store the RV elsewhere.

Couldn't say if you have any recourse against the title company or your realtor. That would best be answered by an attorney well versed in real estate law.
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Old 04-26-2013, 02:33 PM   #3
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Every house I bought I relcieved a copy of the CC&R. First by the Realator, then an official one fom the title company at closing with the closing documents.

If the neighbor has the neighborhood CC&Rs on his sideI suggest you just move the TT. On the other hand if he just doesn't like it and there is in fact no CC&R that restricts the TT then have your day in court. I imagine he's brought the case in Small Claims Court -- no lawyers.

As for the duty to inform buyers of existing CC&Rs, those statutes vary by geography. I suggest a call to the Michigan Realtors Association. I would not call out an individual agent or title company by name, but just ask who's responsibility it is to inform potential buyers of any CC&R restrictions. If someone didn't fulfill their duty to you, then you may want to take it up with them. They should have Errors and Omission insurance for situations just like this.
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Old 04-27-2013, 05:29 AM   #4
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Some deed restrictions are only in effect until all the lots in a plat are developed and then they are dismissed. This ensures that potential customers are not turned off by the actions of the folks who built in the plat before them. That is why you'll often see one or two lots in a plat that have never been built on.

Or you may want to check out some of George Hayduke's literary works.
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Old 04-27-2013, 08:58 AM   #5
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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, 12:06 PM   #6
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Originally Posted by mcfarmall View Post
Some deed restrictions are only in effect until all the lots in a plat are developed and then they are dismissed. This ensures that potential customers are not turned off by the actions of the folks who built in the plat before them. That is why you'll often see one or two lots in a plat that have never been built on....
This is how it was in our neighborhood. We were of the first in a new section and we had to get approval from the developer for all kinds of things (like parking my bucket truck in the yard when i was a lineman and building my workshop). The only thing that applies are the state and county regulations since he is finished building/selling all the lots. It really sucks he is acting this way. It would be a real shame if a 5 gallon bucket of round-up spilled in his front yard Just sayin' LOL JK Good luck getting this settled!
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Old 04-27-2013, 12:23 PM   #7
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Neighbor said cant have for over two weeks from deed restriction (which does exist we later fund out).
That just mean you need to take the camper out every 2 weeks camping! :hihi: Then when you bring it home, you get 2 more weeks of grace. There are ways around it. Just remember that the bully will get his due. Kharma is a son-of-a-gun! Might be worth talking to a lawyer just to have them do some research. Might be the best $500 spent! He/She can find ALL restrictions and target the bully homeowner and counter sue. He who throws stones shouldn't live in a glass house I have heard.
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Old 04-27-2013, 12:35 PM   #8
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HOA and CC&R are mutually exclusive. My first house was built in 1978, no HOA, but very strict CC&R. My current house built in 2000, again no HOA but CC&Rs. Without an HOA the only way CC&Rs are enforced are through the courts.

Neither neighborhood would allow keeping an RV/Boat on in front of your property. Folks in the first neighborhood were serious about it and would talk to offenders, send letters and even file lawsuits to get people in compliance. That neighborhood was older but pristine. My current neighborhood doesn't have a group actively addressing violations...and you can see a visible difference.
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Old 04-27-2013, 01:05 PM   #9
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You can also check with your county recorders office, your city's planning and development office, or whoever regulates your building permits. They have on file the specific CC&R's for your property, they are usually written collectively for your plotted subdivision.

A HOA may impose more regulations than a the CC&R's but would never lessen the restrictions that the CC&R's have defined.

As for the original deed search as stated by the OP, that is as stated looking for leins against the property, keeping you as a buyer from loosing your investment because someone else defaulted on a legal agreement where the property has been placed on lein. That search has no bearing on the CC&R's.

A good realtor would have CC&R's available for you to peruse prior to making a downpayment at the time of an offer, your title agent should have presented you with a copy of the CC&R's, but ultimately, the responsiblity of knowing what is in the CC&R's is that of the property owner.

Also, locally the city has a code enforcement department, which writes warnings/citations to violators, predominately they find the code violators through neighborhood complaints.
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Old 04-27-2013, 03:59 PM   #10
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If you are going to own both the house and the trailer for a while, this is something that is going to affect you long term. All of the advise given here is well meant, but real estate laws and Deed Restrictions vary greatly from state to state. A couple of hours consultation time with a real estate attorney might be money well spent. In the process, you may even discover something you can use against the bully at a future time(or now) that will quiet him down. In my area, homeowners have been sued into making changes for planting the wrong type of grass, painting their house a disallowed color and several other things that old ladies and retired people with too much time on their hands look for.
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