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Reply to "Missing Middle middle finger -- seller insists on SFH restriction"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Will it stand up to legal scrutiny?[/quote] I don’t see how. Covenants like this are only valid in HOA communities. I doubt the seller is going to even try to sue you…it’s not anything the city will enforce.[/quote] Yup- it's like a unilateral contract. [/quote] More specifically: https://carlsondash.com/is-that-restrictive-covenant-enforceable/ "In most jurisdictions, when an owner no longer holds title to land that is benefited by a covenant, that former owner is no longer entitled to enforce it." Just because the former owner likes the idea of a single family house being on the property forever, they don't have any right to enforce it. An HOA of neighboring property owners, however, does have direct related benefit, and thus have enforceability. One way the seller could possibly do this is if he owned the house next door also, and maintained ownership of that one.[/quote] No HOA is needed gif a covenant to be enforceable. A neighboring property just needs to be part of the covenant agreement so they have standing to sue over it.[/quote]
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