I have 36 pages of small print close spaced C&R that I am reviewing for a client. Near the end it sums up with this statement, which seems to capture the tone of the document. "Nothing in this Master Declaration shall be construed to create any rights in or for the benefit of any tenant."
They explicitlity state the the covenants run with the land and its successesors, however the Developer has gone bankrupt, and the new owners deed makes no citation of the deeded C&R.
Are the previous C&R valid still?
> I have 36 pages of small print close spaced C&R that I am reviewing for a client. Near the end it sums up with this statement, which seems to capture the tone of the document. "Nothing in this Master Declaration shall be construed to create any rights in or for the benefit of any tenant."
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> They explicitlity state the the covenants run with the land and its successesors, however the Developer has gone bankrupt, and the new owners deed makes no citation of the deeded C&R.
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> Are the previous C&R valid still?
I think that last sentence merely states that a person who rents a space on the property would not gain any rights or take rights away from the bonafide owner, etc.
As long as the C&R was properly executed, it should still be in effect. It does not need to be in the "next deed."
It's a lot like an easement that is executed in a separate instrument from the original granting document.
P.S.: No idea what State you are in, you may want to talk to someone in your State in case something weird like a recording statute issue comes up.
I do not see this as an issue for a surveyor to decide. This is a "lawyer's call". Something better to be bought to the attention of the closing attorney.
> I do not see this as an issue for a surveyor to decide. This is a "lawyer's call". Something better to be bought to the attention of the closing attorney.
Technically, you're right. But we surveyors would still probably be asked to depict the C&R's on our plan.
I would definitely want to know if I had to show potentially 36 pages worth of C&R on my plan; it would greatly affect the estimate.
wow!
36 pages! Just curious how even a lawyer could generate 36 pages of covenants & restrictions.
wow!
They charge by the word;-)
Yes until they are revised by a majority of the people whom are affected.
We have lots of subdivisions where the developer is dead and gone. Not all of the deeds reference the C&R, but they're still there and show up on a title search as affecting the property.
My vote is for the fact that they're still in effect and affecting (:-)) the property.
In all the years that I have been a cartographer for various survey firms, I cannot remember one set of covenants and restrictions that contained anything that I could graphically depict on the plat. Ours usually are along the lines of the number of dogs and cats you can have, not being able to operate a skunk farm on site or keeping the grass cut and limiting the number of junk cars you can keep in the front yard.
McGuire v. Bell, 761 SW 2d 904 - Arkansas Supreme Court 1988
A subsequent purchaser of land is charged with notice of restrictions contained in every recorded deed in his chain of title. See 7 G. Thompson, Commentaries on the Modern Law of Real Property, § 3170 (Repl.1962). See also Webb v. Robbins, 77 Ala. 176 (1884); Morris v. Tuscaloosa Mfg. Co., 83 Ala. 565, 3 So. 689 (1888).
A landowner is bound by restrictions that appear in a properly recorded deed in his chain of title even though the instrument conveying title to him does not contain the restrictions. See Buffalo Academy of the Sacred Heart v. Boehm Bros., Inc., 267 N.Y. 242, 196 N.E. 42 (1935); Oak Lane Realty Corp. v. Trinity Evangelical Lutheran Church, 13 Misc.2d 708, 172 N.Y.S.2d 95 (N.Y.Sup.Ct.1958); Cleveland Realty Company v. Hobbs, 261 N.C. 414, 135 S.E.2d 30 (1964).
Usually they consist of buffer zones - we had one on a plan about a month ago that restricted the building of structures or the further subdivision of a parcel of land for 200 feet around the boundary of a new parcel.
Thanks Dan and all. The lawyer in this instance asked that a surveyor review the document. This is perhaps a record for me for a verbose C&R document.
> I do not see this as an issue for a surveyor to decide. This is a "lawyer's call". Something better to be bought to the attention of the closing attorney.
In my world CC&Rs do sometimes include title items that a surveyor Must review and address.
It IS our job as fact finders to identify issues and report what we see to Both the Client and the legal/title people.
Very few lawyers are either trained or experienced in reading the language that a surveyor instantly recognizes.
Yup, hardly ever is there something for me, but once in a while there sure is!
Easements, air rights, view restrictions, etc.
> In all the years that I have been a cartographer for various survey firms, I cannot remember one set of covenants and restrictions that contained anything that I could graphically depict on the plat. Ours usually are along the lines of the number of dogs and cats you can have, not being able to operate a skunk farm on site or keeping the grass cut and limiting the number of junk cars you can keep in the front yard.
All of ours have the building setback and utility easements in them as well as on the plat. The fun part is when they're different from each other and the house fits one and not the other. 🙂
Covenants run with the land if they've been recorded.
There's usually a statute of limitations defined by each states statutes.
In Illinois, it's 40 years......
Left alone and if not renewed the C&R usually have a shelf life of 20-25yrs depending upon your State's law.
At some time, after a certain percentage of the property is sold away from the owners, the Owners and Developers loose control and a Homeowners Association takes over and can change or do away with them by process.
I would never put the entire text on a drawing. I will make reference of the recording of a development's C&R because it contains certain defining statements about the property and where any restrictions to that property are a concern that I must show on the drawing.
That way, if someone has a question about what I am showing, they can go and read the document and form their own interpretations.