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thisishishouse

land with protective covenants

thisishishouse
10 years ago

Does anyone have any experience, good/bad, or advise regarding purchasing land that comes with protective covenants?

We looked at a piece of land recently. We really like it, BUT along with the plot plan, we were handed (unexpectedly) a 15 page document that outlines the protective covenants that come with the lots.

There's about 30 or 40 individual restrictions listed. Crazy stuff. I never imagined it was possible to sell land to someone then micro-manage every detail of what they do with it.

The restrictions include the size of house that can be built (larger than we intended), the number of garage spaces mandated, exterior colors (only acceptable "traditional colors" allowed), mailbox style & color, seller approves all building plans and materials, minimum value of landscaping. Garbage cans kept covered & out of sight at all times. No vehicles stored outside the garage. No HVAC or mechanical equipment visible from other lots. No exterior lighting shining onto neighboring properties. Length & locations of driveways. size and number of outbuildings. No vegetable gardens. No pets or animals housed outside the residence. No "immoral" activity. No "displeasing or bothersome" activities. On and on and on.

I'll note that this is NOT an infill lot in an existing subdivision or anything. It's a large swath of land along a quiet country road. Old farmland that's been subdivided into a dozen good sized lots. In 7 years since the subdivision, only one lot has sold and been built on.

My first instinct is that this screams "run away"! Would buying this just be asking for a headache?

Comments (10)

  • LOTO
    10 years ago

    If the covenants have been recorded then that is the rules you have to abide by...if you don't like it then.....RUN FORREST RUN!!!!!!

  • nostalgicfarm
    10 years ago

    I inquired on a 60+ parcel that had a "no shooting firearms" restriction. Like my bullets are really going to land outside my 60 acres! It sounds like you found a seller that is more interested in controlling neighbors than desperate to sell the property. Odds are that they don't need to sell!
    My advise would be if the restrictions line up with what you are wanting, the not a big deal...If they don't, then this is not right for you. If your home has been to be 100 sq ft more than you were planning, then not a huge deal....600 sq ft more...then big deal! You still have to heat, cool, and clean the thing. Would you like a garden or potted tomato plant? If yes, then this is the wrong parcel. Are you kids likely to be a disturbance riding dirt bikes around or regularly causing mischief? Then RUN. (My kids would fall into this category!). Do you want to spend 20K in landscaping and be required to water your grass during drought? Do you favor red houses/windows, or are you okay with not picking your house color? Do you have a specific home style in mind, or are you flexible? The seller may prefer craftsman to traditional/log/rustic....
    I would run....but my 3 kiddos are a handful, and I am very controlling. If you already have easy going kids/pets, and are easy going and would prefer your neighbors help choosing a suitable house design/location/size and would find their landscaping advise helpful then by all means go for it!

    Looking for the right property is hard. The place we found did come with easements and flood zones we have to work around, but it was 90-95% or our dream list. Work with your spouse on a list of everything you want in your parcel....if this meets the large majority of the requirements, great. If not, you will be able to make a quick decision when your place goes for sale. The best places sell quick in my opinion!

  • LuAnn_in_PA
    10 years ago

    "Would buying this just be asking for a headache?"

    Not if you are willing to abide by the rules.
    Only YOU know if you can.

  • dadereni
    10 years ago

    Covenants aren't always to be run away from. But personally, I would run away from these because I could only support/accept four of those restrictions. I think the lighting one is great! ...but I'd like to be able to grow vegetables and don't want larger than a one- or two-car garage. But if you can live within these restrictions, then they don't have to be a dealbreaker. Although I'm very curious about the others "on and on and on" you don't list. While seeming burdensome, you would enjoy the benefits of your neighbors not shining light on your property or painting their house neon green. Keep in mind that the developer or an owner would have to be so offended as to take action against a violation. So maybe a couple of tomato plants could slide but not an unruly pumpkin patch. However, a long list like this one is more likely to attract those people with a lot of free time to look out their windows all day long ready to be offended.

    Of course these are especially intended to preserve/enhance the value of unsold lots until the developer sells them all. But if all lots are sold before you build then you might not have to worry about needing the seller's approval of plans/materials. Unless the seller lives across the street or within the subdivision. To the extent that these "run with the land" then whomever you sell to one day will have these same covenants.

    Have you met the seller, does he/she seem reasonable? If anything has been built yet, what is your reaction to it? It might not hurt to pre-screen your design intent if you have something in mind for what you would build. If you don't run away, then before your purchase get a legal opinion on all of this--especially the the prohibitions on "immoral" activity, "displeasing or bothersome" activities, and other subjective/ambiguous restrictions. Unless these are specified then these are probably unenforceable. Also, does the vehicle storage prohibit parking cars in the driveway or only keeping disabled/unregistered vehicles on your property? I'm also not sure why a vegetable garden that is obscured from view would be objectionable.

    Still need help? See the linked thread below--let your own reaction to the OP be your guide.

    Here is a link that might be useful: Your new neighbors

  • live_wire_oak
    10 years ago

    Run. If you think the list is bad before you build, it will only get worse after you actually live there.

  • qbryant
    10 years ago

    Along the same lines,how can you change or get around a restriction,I have 2 lots in a division of 5 lots in the country that has only a few restrictions to keep the area up a little bit,one is must be half brick or stone,I'm wanting board and batten cypress or hardie,all neighbors are nice and there shop structure don't match there home which is another restriction.
    Can I get everybody to sign off on it or do I need a lawyer involved?

  • Chadoe3
    10 years ago

    If you feel you can live within their rules, then go for it.

    I, personally, would run screaming from that kind of micro-management.

  • nostalgicfarm
    10 years ago

    I wouldn't agree with just assuming that all future lots sold will have the same restrictions. If we assume that this is a farmers property and he doesn't want to be able to see scandalous behavior or purple houses from his own property, then these restrictions will only be tied to the land at closing. When said farmer dies, his heirs can sell the land however they want if these restrictions are not already recorded with the land (at the registrar of deeds). So theoretically OP could build a much larger than intended non-neon home...farmer could die, and farmers children could jail in a bunch of trailers for them and their partying friends!

  • nostalgicfarm
    10 years ago

    I wouldn't agree with just assuming that all future lots sold will have the same restrictions. If we assume that this is a farmers property and he doesn't want to be able to see scandalous behavior or purple houses from his own property, then these restrictions will only be tied to the land at closing. When said farmer dies, his heirs can sell the land however they want if these restrictions are not already recorded with the land (at the registrar of deeds). So theoretically OP could build a much larger than intended non-neon home...farmer could die, and farmers children could jail in a bunch of trailers for them and their partying friends!

  • MTguy
    10 years ago

    I recently had a minor "run in" with the developer of the land I bought. I was under the assumption that my builder had my plans approved by the developer (as per covenant rules) and when we had a slight flooding issue during construction the developer called me. I had every intention to build within their guidelines but was shocked when my builder didn't get the required approval. It all worked out in the end. They are generally pretty lax with their enforcement (many shops don't match the house as required) so it caught me off guard when they wanted to check on me. Buyer beware!

    Here is a link that might be useful: www.ultimatehomestead.com