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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][quote=Anonymous][quote=Anonymous][quote=Anonymous]Will it stand up to legal scrutiny?[/quote] No, all the new owners have to do is submit for a variance wit the county to subdivide. talk to a local real estate lawyer before purchasong[/quote] The covenant is absolutely enforceable if he gets another property owner in the neighborhood to sign onto the agreement. [/quote] If I was the neighbor, I would only sign on if the seller agrees to pay all legal costs to enforce it. Even then…I am skeptical the seller would be available when it comes time to hire a lawyer. Again….this is why some people really like HOA communities.[/quote] If I were a neighbor, I would love this and would happily cover my own legal fees to enforce it. My guess is that the seller's neighbors feel the same way -- look on street view, and you'll see lots of recent builds. You really think any of those people want a 6-plex on their street?[/quote] Good for you...however, I honestly don't think you would consider $100k+ in legal fees to enforce this if you are going up against a well-heeled developer. I think you are imagining a much lower number or you don't have the same demographics of what I imagine this person's neighbors to be.[/quote] There are plenty of upper middle class retirees in Arlington with 100k to throw at a lawsuit. Developer will not buy the property to begin with because it will come up during the title search.[/quote] You have to get lucky that you have a neighbor who is just completely obsessed with this issue (there are people out there, so not saying it is impossible). I assume 99% of people have no interest in getting involved in the legal process, possible counter-suit, etc., Now, you might be able to get everyone on the block to throw in their equal share...though you just have to accept there will be free-riders who aren't contributing a dime (but will give you their moral support).[/quote]
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