We bought some land in a trailer home community(1 acre and 2 acre lots) and put our mobile home on it. There were restricitons such as no more than 4 animals, no RV's used as homes, only one home per lot, has to have a deck..things that should not be that hard to follow, right?WRONG
They changed owners and it is unreal what they are moving out here. There are lots of lots with only RV's which means the RV's are the primary residences which is against the rules. The peeople behind me have 20 animals. Neighbors across have 4 RV's and 4 cars with weeds growing all around.
Then I wake up this morning to guineas walking around my yard.(birds)
We are selling our house and probably going to lose ALOT of money because of this. We are following every single rule.
what can we do>?
We have the restriciton papers with our loan papers BUT the owners of the unsold land lots have now changed and the papers are not signed by anyone. It is just a sheet that says Restrictions
Forgot to add….it is outside of city limits.
First, you need to find out if the restrictions were recorded in the county courthouse. If they were, they may be enforcable by the lot owners, such as you, because they are for the benefit of all lot owners, and all owners are supposed to be subject to them.
You will need to consult an attorney to determine the following:
1. Whether the restrictions you were given are valid and, if so, whether you can enforce these restrictions against every lot owner/occupant in the community; or
2. If the restrictions are not enforcable, whether you can sue the people that you bought the lot from for misrepresenting the facts, though that may be a tough one, because anyone could have verified whether the restrictions were put on record for the whole community and whether they were valid, prior to going to closing.
Any remedy you have available regarding the restrictions will require court action to enforce. BUT, if the township or municipality where the property is located has a Zoning Ordinance, it is likely that many of these things you mention going on are violations of the ordinance, and you can get the local Zoning Officer to enforce the ordinance.
I sympathize with your situation. Good luck.
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January 3, 2009 at 06:34 pm
Take pictures for court.
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January 3, 2009 at 06:56 pm
You can report this infraction to your County Zoning, building and safety and Accessors office.
Anything to do with how someone can use a piece of land falls under the COUNTY (not city) Public works department.
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Public Works Engineer
<—–that be me—–> -
January 3, 2009 at 07:40 pm
First, you can see if any land use restrictions were recorded on your property. You do this by visiting your County Recorder of Deeds. If a Declaration regarding land use has been recorded, you can seek to enforce that Declaration by going to a lawyer.
Second, you may have an action against the developer of the property if they did not record any declarations. Whether you have an action against the current owners depends on what notice the owner had and whether the covenants run with the land.
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January 3, 2009 at 08:07 pm
First, you need to find out if the restrictions were recorded in the county courthouse. If they were, they may be enforcable by the lot owners, such as you, because they are for the benefit of all lot owners, and all owners are supposed to be subject to them.
You will need to consult an attorney to determine the following:
1. Whether the restrictions you were given are valid and, if so, whether you can enforce these restrictions against every lot owner/occupant in the community; or
2. If the restrictions are not enforcable, whether you can sue the people that you bought the lot from for misrepresenting the facts, though that may be a tough one, because anyone could have verified whether the restrictions were put on record for the whole community and whether they were valid, prior to going to closing.
Any remedy you have available regarding the restrictions will require court action to enforce. BUT, if the township or municipality where the property is located has a Zoning Ordinance, it is likely that many of these things you mention going on are violations of the ordinance, and you can get the local Zoning Officer to enforce the ordinance.
I sympathize with your situation. Good luck.
References : -
January 3, 2009 at 08:22 pm
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