Fwd: RE: [TowerTalk] Anyone have experience challenging restrictive CC&R's ?

[Larry Burke WI5A]

Hi, John & Gang.....

This is nearly exactly the situation I found myself in when I bought the 
property my house sits on today. The owner had 4 adjacent parcels of land, 
roughly 3/4 acre each. One of the four was already sold when I was shopping 
for the land. Prior to my purchase, the real estate agent provided me with 
the "Deed Restrictions" for my lot. I checked the county courthouse... 
nothing was filed. Bought the lot, built my stuff... house, towers and all. 
The seller and his lawyer later conceded that my lot, indeed, had no 
restrictions since they had neglected to file them at the courthouse. They 
promptly filed them afterwards. Now the remaining two have restrictions!

Larry Wi5A



>X-From_: owner-towertalk@contesting.com  Sun Sep  3 14:54:59 2000
>From: "John Langdon" <jlangdon@outer.net>
>To: "michael watts" <wy6k@yahoo.com>, <thorh@worldnet.att.net>,
>         <towertalk@contesting.com>
>Subject: RE: [TowerTalk] Anyone have experience challenging restrictive 
>CC&R's ?
>Date: Sun, 3 Sep 2000 14:52:43 -0500
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>
>-----Original Message-----
>From: michael watts [mailto:wy6k@yahoo.com]
>Sent: Sunday, September 03, 2000 12:14 PM
>To: John Langdon; thorh@worldnet.att.net; towertalk@contesting.com
>Subject: RE: [TowerTalk] Anyone have experience challenging restrictive
>CC&R's ?
>
>
>"I now read every word of the CC&Rs and get signed statements from the
>agent and the title company stating that I have been
>given all CC&Rs in their entirety. "
>
>
>IMHO, go to the courthouse and get what is actually filed there.  Sometimes
>it is not what the sellers and realtors think!
>
>Sometimes there are different filings for "Bozo Acres" Phase 9 than for
>Phases 1-8.  I heard a story about a particular development that had failed
>to file anything for "Phase 9".  The sellers, the HOA, and the realtors all
>assumed the Declaration was the same at the other parts of the development,
>but in fact there were no restrictions at all for that section! Sometimes it
>really pays to do your homework.
>
>Also, in some states, Texas included, you are responsible for what is at the
>courthouse, and what the seller gives you or represents to you as the
>restrictions does not matter.  I was told by one attorney that if the seller
>told you there were no restrictions, and you closed on the property and
>filed your deed, you must still live within the restrictions that are filed
>at the courthouse, and you will not be able to get those changed nor will it
>be likely you could collect any damages from the seller.  Caveat Emptor in
>spades!
>
>73 John N5CQ
>
>
>
>
>
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