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Welcome to a Discussion of Legal Issues Facing North Carolinians

This blog does not create an attorney client relationship. You should not rely on this information for advice. If you have a legal question you should contact an attorney.


Thursday, September 2, 2010

Covenants, Conditions and Restrictions?

How important is it that you know the restrictions on your property? Just ask a recent Charlotte couple who now have to demolish a $500,000 addition to their home because they innocently failed to follow setback requirements recorded in 1915. Before there were zoning requirements, sellers (grantors) were permitted to restrict the use of property that they sold. For example there could be restrictions on whether it could be used for residential purposes – or the size of a home could be regulated – or which way the house faced could be restricted.

As modern day zoning came into play around the 1940’s, actual deed restrictions became less prevalent. But in today’s subdivisions, not only does zoning regulate the use of one’s property, but it is likely that the developer has filed Covenants, Conditions and Restrictions (CCR’s) on your property.

These restrictions are placed in your chain of title and you are deemed to know what they say – even if you never actually read them or even received a copy. Therefore, the next time you begin construction on your lot, be sure you know what limitations may exist on your plans for the property.

If you have questions regarding your legal options, contact a Charlotte attorney at DeVore, Acton & Stafford, PA today.

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