MY PROPERTY IS BURDENED WITH C,C,&R’S- WHAT SHOULD I DO?
REAL ESTATE PRACTICE, SHASTA COUNTY, TIPS FOR BUYERS, TIPS FOR SELLERS, TIPS FOR SENIORS
September 29th, 2008
Covenants, Conditions and Restrictions are commonly attached to property title that limit property rights for the buyer. These restrictions are common in subdivisions in the city and less common in rural country locations. The C,C,&R’s in theory, are to
protect property values within the subdivision in which they apply.
Common items covered include size, design and location of any structures erected on the parcel. They can limit uses, building heights and parking of RV’s. Way back in time there were even race restrictions that have since become unenforceable.
Most of the restrictions are designed to prevent one property from becoming a blight on the rest of the area. Putting cars up on blocks for extended periods of time in the front yard, parking massive wilderness assault vehicles (motor homes) in view of the street, painting your house purple, paving over the front yard, growing trees that block views, raising chickens in the backyard and burning trash are all examples of items that are commonly regulated by C,C,&R’s
Enforcing them is another matter. Initially this responsibility is handled by the developer, who has a vested interest in seeing the neighborhood maintained in an orderly fashion to facilitate sales. Once the developer builds out the tract, enforcement usually falls to residents or the homeowner’s association, if one exists. Sometime a single resident may hire an attorney to force compliance with a neighbor that is violating a covenant.
In the real world, most residents abide by the C,C,&R’s voluntarily and some need nothing more than a reminder of the provisions along with a copy of the rule being violated. Litigation ensues as a last resort when someone flagrantly violates the restrictions. The property owners bringing the action may be able to recover attorney fees if they prevail in court. In some cases the C,C,&R’s can be voided by a majority vote of property owners.
Reviewing the title, including any restrictions, is a standard contingency in most purchase agreements. It is important to review C,C,&R’s carefully and make sure the way you live will not be hampered if you buy a particular property. So before you buy a home with such restrictions, make sure there is room to legally park your boat, motor home and ATV’s before you sign on the dotted line. Failure to do so could make you an unwelcome addition to the neighborhood!
530-224-6767 or 530-941-7492
BRAD GARBUTT
REALTOR/BROKER ASSOCIATE
REAL ESTATE PROFESSIONALS GMAC
QUARTER CENTURY LOCAL REAL ESTATE EXPERIENCE
