Im trying to build a homestead here! geez.
 

Hey guys,

the 85 is doing great! but I am looking for a new home for her and hoped a few legal guru's were surfing tonight.

I am in the process of purchasing a piece of property that has substantial deed restrictions. ( no building smaller then 2800sq/ft. etc)

What are my options for removing one or all restrictions?

Can I take it to civil court and if no other owners in the development show up/object will the restrictions be released?

Another option I thought of was knocking on doors with a paper to sign releasing me of a troublesome restriction.

I understand is someone REALLY wanted to sue me this method would not work, but if they didnt like Imy paint color and realized I have there signature they might be less inclined to make a fuss.

The property is 12 acres and substantially out of the way of the development ( across the road and up a mountain side)

Any advice? Anyone been in a similar situation?

thanks!,
Andrew D

I can't help, but I'm curious. They don't allow any buildings smaller than 2800 sf? I never heard of a minimum size requirement. What if you want a chicken coop?

Also, you want a garage for the '85; what's wrong with a 2800 sf garage?;)

haha, the 2800 sq/ft has to be livable space! I am building an off grid homestead so i will most def have a small chicken coop. but SHHHHHH with 12 acres the only way they will see would be from trespassing.

The restrictions actually state no chicken coops too. Its a place for lawyers and doctors to live that are hardwired to society. The property is beautiful old farm houses near by, an organic farm I volunteer at down the road. But some developer bought up the some of the valley and sold it to the highest bidder

kinda sad I cant built a self sufficient homestead, I can build the worlds biggest carbon foot print mansion though!

This is PA? What if you became Amish (lifestyle) and made it a First Amendment thing?

Typically, the deed restrictions must be removed by the person who imposed them in the first place. I don't think any of your ideas would work -- and you don't want to test it to lose after you've built the homestead!

Do what they do in India. Built what you want, but leave a section undone and point out that it is still under construction.

red-beard

so funny you mentioned that! I just thought about this idea over dinner when discussing it with my father. getting the restriction removed that it has to be completed within a year. It would be a simple line but would give me a loop hole.

I spoke with the creator of the development and my lawyer, they referenced the restrictions that stated "after the last lot is sold from the original owner, the restrictions can not be changed or altered" Unfortunately I am the 3rd owner.

It is a good idea for the other homeowners to keep other folks from putting up shacks in the neighborhood or raising livestock and reducing their property value. Having restrictions or covenants helped the developers sell the other properties. If you do not like the restrictions...buy elsewhere.

+1 - Restrictions are put in place for a reason. To maintain uniformity in a given area. You want to build without restrictions? There's a million acres for sale just down the road. SmileWavy

I dont mind abiding by restrictions, but limiting a size of ones house as large as that seems a little silly! My home will be white oak timber frame, hand crafted Mortise-and-tenon. A truly beautiful building. A elegant addition to any community. The land is a 10 out of 10 in every aspect. This is why I am pushing to have it.

As a homeowner in the community would you consider reviewing some pictures and proposals to grant me approval to build a smaller structure?

I appreciate everyone's advice on either side of the fence.

any other ideas?

My response would be "no". Why didn't you think this out before purchasing the plot and agreeing to the restrictions by signature at closing? Same with people moving in to a PUD or Condominium then squealing when they get dinged for having a pet, working on cars in their driveway, etc. Rules is rules.

On the other side of the coin, I'm trying to re-zone a home on the edge of the ghetto for commerical use (professional offices). The city just built a new City Hall and Federal Courthouse within 1 block. I have to jump through several hoops to get this (historical committee, city planning/zoning, city commission, neighbors).

I wouldn't buy in an area with such restrictions. Seems crazy and just asking for trouble.

Correct answer!

On the other hand...I wouldn't build a 3500 sq ft estate on a 10 acre plot if my neighbors were free to put up a shack or mobile home...or a pig farm. Well written restrictions are good because..no one get surprised...you buy, you agree to community standards.

In another odd moment in PP history, I agree with fintstone.

Don't like the easements/restrictions on the property? Don't buy it sport. Take your lawyers and indignation elsewhere. Its a big country.

Make a huge basement - problem solved?

Restrictions in place before you buy are generally upheld by a court to be reasonable. You have prior knowledge of the restrictions.

You're SOL, you already agreed to the restrictions. Did you not read the fine print? Either build your home bigger and within the rules or sell the lot. If this is a planned high-dollar development, what made you think it would be ok to make yours into a farm?:rolleyes:

Interesting takes on this thread.

My Dad bought some property at Wintergreen Resort in Virginia many years ago. The amount of covenants and restrictions was mind boggling: architectural review boards that approved house plans, no cars parked outside, no RV's for more than one night, etc, etc.

There was, however, an appeals process which over-turned some of the more draconian restrictions.

I thing you're out of the pool on the chicken coop, but if your house design meets with their aesthetic but is smaller than 2800 square feet, who knows. It is worth a shot if you love the property.

Why you want to live amidst a bunch of lawyers is a mystery to me, however:cool:

Great responses guys!

to clear something up, I have not purchased the land, The purchase of the land is conditional of me getting the restrictions lifted. I wrote it into the purchase agreement. Just trying to do some leg work to see if it is do-able!

The land is quite far away from the development in question. Out of sight even. It was purchased by the same person who bought the development so it harbors his restrictions. He is a family friend and was more then happy to allow me to build a smaller building. Unfortunately the contract was sealed when he sold the last parcel of land. Now no modifications can be made with out the courts.

basically it is up to any of the development members to complain, they have the right to sue if they dont like my paint color. ( yes that is a restriction)

DAS;

good points. Do you think you are entitled/would you like for those agencies to hear your case trying to convert to commercial property? Can you see my perspective? I do see yours.