Covenants, conditions and restrictions (CC&Rs) are designed to limit how property is used. They are typically found in the language governing community developments, such as condominium high rises and town home developments, although they can apply to nearly any piece of property. It is important to seek legal advice when you are considering purchasing a property to ensure that you will be able to use the property in the way that you intend.
Covenants, conditions and restrictions can either compel a landowner to act in a certain way, such as limiting the height of any structures built on a property, or to stop a property owner from taking any action whatsoever, such as prohibiting the construction of any structure on a piece of land. They are typically employed to preserve uniformity and to ensure that land and surrounding properties are used only for their intended purpose. Just because CC&Rs exist on a piece of land does not mean that they are absolute. It may be possible to obtain a variance that will allow you to use the land as you had envisioned. Of course, it is much easier to identify and resolve any potential disputes prior to purchasing a property. I can engage in a thorough title review and let you know your options before you move forward. If you happen to run into some issues after you have already made a real estate purchase, I can help you decide what moves to take next. In every case, I am committed to ensuring that your valuable interests are protected at every turn.
There can be numerous encumbrances on the use of property and not all fall under the definition of covenants, conditions and restrictions. It is important to have legal guidance when you are considering making a major real estate investment. To find out how I can help you, submit your contact information here. I will then be in touch to set up an initial consultation.