One thing any competent real estate attorney should be able to tell you is
whether the restrictions are even enforceable. In the absence of an HOA (which
are not common in my part of the country) deed restrictions need a legal
mechanism to enforce them. 2 examples from houses I purchased in New York:
1. Deed forbade selling the house to non caucasians. Restrictions were
written in the 1940's and were long deemed illegal by the time I purchased the
house in the 1980's.
2. Deed forbade things like clotheslines and leaving your car parked in the
driveway overnight. My lawyer pointed out at the closing that enforcement was
dependent solely on the developer who, by then, no longer owned any property in
the development. Thus no one had standing to enforce the covenants.
You may not know this from a reading of the deed covennants alone. Often this
info is buried in the title history which is part of the attorneys work
product. In some states it is not even common for an attorney to be involved
in a real estate transaction (VA is one example I know of). An agent handles
the transaction for both parties on behalf of the bank. In those situations,
you really need your own attorney if there is any question to be answered to
ensure there is not a conflict of interest.
[mailto:email@example.com] On Behalf Of firstname.lastname@example.org
Sent: Monday, March 07, 2011 8:52 PM
Subject: Re: [TowerTalk] DEED RESTRICTIONS FOR ANTENNAS
Even permits may not stop a neighborhood uproar.
Subject: [TowerTalk] DEED RESTRICTIONS FOR ANTENNAS
Date: Sat, 5 Mar 2011 17:52:51 EST
I got this advice from a pro (K1VR, who is a lawyer specializing in these
matters). IF THE CITY DOES NOT REQUIRE A PERMIT, TO GET A LETTER ON OFFICIAL
LETTERHEAD STATING NO PERMIT IS NEEDED FROM BOTH THE ZONING AND BUILDING
My deed restrictions in the area I am building are very nebulous...same crap
about noxious activites/nusiances and all that sort of baloney.
However, nothing about antennas/towers or height rerstricitons. Five or six
of the neighbors upon seeing all the activity on the lot I just bought were
asking all sorts of questions and eventually sent me a certified letter saying
they were P.O.ed about any towers that would be over 40 feet and that multiple
towers were even worse. The letter was sent after they contacted a lawyer. I
heard through the grapevine that their lawyer told them nothing could be done.
We'll see. I don't think they'll be very happy with three
199.999 foot rotating towers.
My adivce is to visit K1VR's site and perhaps pick up his book that has lots
of good advice on these matters.
YMMV. Good luck.
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