Hi, My unrecorded subdivision owner said there is a covenant on my land but the documents were signed in 2007 only by him and his wife but the first person bought the land in 2005 before the recorded covenant. No owners before me signed the covenant. Can he still restrict my land?
Yes, he can restrict your land, and could personally enforce the covenant against you. However, people who bought lots prior to the initial sale of your lot would not be able to enforce the covenant against you or your lot. In addition, a court would probably hold that there is no common plan.
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Petition to change this account name to Pushin Property with Prof Dale
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Hi, My unrecorded subdivision owner said there is a covenant on my land but the documents were signed in 2007 only by him and his wife but the first person bought the land in 2005 before the recorded covenant. No owners before me signed the covenant. Can he still restrict my land?
Yes, he can restrict your land, and could personally enforce the covenant against you. However, people who bought lots prior to the initial sale of your lot would not be able to enforce the covenant against you or your lot. In addition, a court would probably hold that there is no common plan.