How To Remove Covenants, Conditions, and Restrictions From A Property

[@this_epic_name]

I find it stupid that, if a restriction is put in place by a current owner and then if the property changes hands, the new owner can't change whatever previous owner-imposed restrictions were put in place. Why we have a system that perpetuates other people retaining rights in land they sell and no longer own baffles me.

[@Craig6844]

This is more for farmers and large land owners then suburbs. Say I do you a favor and sell you a farm next to mine for a cheap price. I may not want a pig confinement or housing development going on it next year screwing me out of the money i could have gotten or an undesirable operation that would lower my other land value or my ability to enjoy my land. Another example i want my farm to be farmed and not sold off. So in a will or trust will have conditions for what the land can be used for as a condition of accepting the land in the will.

[@TwilightxKnight13]

In my experience, most CC&Rs come from a large land owner subdividing into a development and wants to restrict certain things, similar to how an HOA works. Things like home sizes, additional buildings, setbacks, etc. This makes it much more difficult (virtually impossible) to have the restrictions removed. The best chance you have at that point is to create an HOA for the neighborhood. The courts often side with the current homeowners if they pool their power vs restrictions imposed by prior ownership, but then you have a binding HOA which could create its own problems.

[@mikewhitaker2880]

here is a CCR that SHOULD be needed, the property can NEVER belong to an HOA or be subject to HOA regulations or demands.... and this CCR can NEVER be removed from the property.... granted then we lose ALL the HOA horror stories, but that is NOT a bad thing either......

[@cannon440]

Bottom line: DO NOT BUY PROPERTY IN AN HOA!

[@TheRealEstateLawyer]

Houses not in an HOA can still have restrictions

[@nunyabidness3075]

Yes. If you are the type of person who shouts their opinions at people on the internet by using all caps, definitely do not buy in an HOA.

[@HarrisonCountyStudio]

@@nunyabidness3075😂 Or worse, they get on the board of their HOA. The biggest liability of an HOA, is not knowing what type of ‘leadership’ you will have in the future.

[@nunyabidness3075]

@@HarrisonCountyStudio Same for Democracy. Are you planning to leave the US for some autocracy? Just like our constitution is informative as to what kind of folks are likely to seek and gain office, so are covenants very predictive of who will inhabit and lead an HOA.

[@HarrisonCountyStudio]

@ and that sums up the struggles today. Some people believe in “mob rule “democracy. And others believe in individual liberty/the Republic.

[@bajojohn]

Who enforces the restrictions? I realize it’s enforceable through the courts, but who brings the violators to court? What happens if you violate a CCR and it goes unenforced for years? Is it like adverse possession and deed can be changed?

[@mrl22222]

my Neiborhood had a covenant against allowing black and jewish people from being on your property after dusk. It took years and to get it removed, because it took 80% of the current property owners to physically sign for the removal at a meeting specifically called for to remove any term. (all of which was laid out in the restriction) Despite being illegal, It wasn't removed until the early 2,000's

[@Richard-ob5zn]

Someone was a Karen with to much time on their hands.

[@Jim-fe2xz]

The CC&R's on my previous property had an expiration date. Before they expired Included in them was a restriction on building another separate living space so I built a 3 car garage. The only remaining original owner in the neighborhood kept a close watch but had to let it go. Soon half the homes in the development had separate 3 car garages LOL! No clue how many were later converted into living spaces.

[@wcisean]

Bottom line is not your property if you can't do what you want with your property, even goes against the definitions of property!

[@joebobjenkins7837]

Step one, never buy on land with an HOA

[@toorimakun]

Hmmm... I wonder if you can self impose a CCR on the property while you are still on it A current scam is copying the deed and signature from online and submitting a new one to get a loan with the "updated" deed.... so if you can CCR that the deed can only be updated in person that could maybe stop that?

[@J0HN_3_16]

If you bought your property with CCRs using a trust or partnership can you sue the vehicle you created to own the property to remove the CCRs, reach a settlement removing the CCR and submit the settlement for court approval? In essence, creating a friendly adversary.

[@nunyabidness3075]

Government does this sort of thing all the time, but I don’t think your version would work. The covenants would not get voided. The defendant would have to pay damages. So you would just lose legal fees.

[@tvviewer4500]

Courts and state procedures have rules against friendly adversaries. So no.

[@nunyabidness3075]

@@tvviewer4500 Apparently those rules don’t apply to government cases because this is becoming a bigger and bigger problem.

[@tvviewer4500]

@@nunyabidness3075 the rules don’t do away because of the government. In federal article three courts you need a case or controversy which has been held by SCOTUS to mean you need an actual adversarial issue for courts to take something up. State courts have similar rules in every state.

[@nunyabidness3075]

@@tvviewer4500 Which in no way at all stops friendly lawsuits. 1. Legislature sets law 2. Friendly Non profit sues to overturn law 3. Friendly government attorney fails to adequately fight law (judge might or might not let outside counsel step in) or even offers settlement to overturn or modify law. This also can be used to simply rob the coffers in rare cases. The PA election case in 2020 is a famous example. Thomas’s dissent is worth reading.

[@ImTheDudeMan471]

If it's CC&R's (contract between parties) for a PUD development, other owners bought into the restrictions. Some owners want those (contract) restrictions. If there's no clause for altering the contract between parties, then unless it violates some constitutional right or entitlement, the contract stands. But there must be 2 defined legal parties for a contract to be valid. *The contract could define "the public interest" as a legal party.

[@punaforge]

Got two questions for you 1 ) what if the the restrictions violate another law - saw one that said only people of race X can live there. 2 ) who can enforce the restriction if it’s not a part of an HOA and the municipality has not adopted them into the zoning code?

[@jamesodell3064]

Racial deed restrictions are not enforceable. They violate the law.

[@charletonzimmerman4205]

I talked to a HUD, person ,years ago, believe it or not , those are "LEGAL", & still in effect, I bet, lawyers, "Quietly" settle them out of court for $$ , or price reductions.

[@AMERICANPATRIOT1945]

CC&Rs imposed on property after its sale have absolutely no place in any civilized society and should be outlawed. There are local and state zoning boards to address the sorts of issues that those who impose CC&Rs puport to address. Some CC&Rs are human rights violations as well. When you sell something, it is no longer yours, and you have no right to impose CC&Rs on it to squeeze further profits or restrict how the new owners can use their property. If you don't like what might become of your beloved house, land, or other real estate after it is sold, don't sell it.

[@this_epic_name]

A legal mechanism by which a buyer could condition the purchase on having CC&Rs be not binding on them could be a place to start. But the likelihood that any sales would happen under those conditions in any sort of competitive market would be essentially zero. In my mind, this whole issue represents an unjust imbalance between two competing things: 1) the rights of a property owner 2) the interests of property owners in neighboring parcels In my opinion, #1 ought to trump #2 because #1 is a higher, "first principals" value. It's related to "your right to swing your fist ends at my nose." HOAs today have gotten off the rails, with rights to impose fines and fees without having to prove anything remotely close to a material, realized tort.

[@mrl22222]

why? I own the property, and If I don't want it ever to be used as a landfill, and am willing to accept make it a condition of sale (after all, you are eliminating a potential big money buyer) then why not? It's your property, you can do with it as you please. Of course, if your restriction is illegal( such as the one that was in my neiborhood about no jewish people after dusk) then it's unenforceable. You know all of this when you buy the property, if you don't like it don't buy the property, you have that choice.

[@AMERICANPATRIOT1945]

@@mrl22222 , The real conundrum here is not weather a buyer is willing to accept a restriction on their use of a property they purchase from you, but rather if you have the right to impose CC&Rs on a property that "run with the land" forever, and are binding on future buyers who were not signatories to your agreement with that one buyer. CC&Rs that "run with the land" run counter to the rights of the new owner's and future owners' complete control over their use of their property. The rights belong to the present owner, not some past owner who wanted to rule from the grave or to behave as an owner after they relinquished ownership. Two or more private parties never have the right to make and enforce their own law or use the government to enforce their private law over other people. We have elected legislature for that purpose. That includes land use as handled by federal, state, and local legislature, bureaus, and zoning boards.

[@damon-burton]

Great video. CC&Rs can definitely be a complex topic. I'm curious about the potential legal implications of violating these rules. Could you elaborate on the types of penalties or legal actions that might result from non-compliance?

[@charlespaine987]

Time to pass a law time limits to ALL CC&R s . Once the property is sold the previous owners shouldn’t have ANY CONTROLS PERIOD .

[@StoneXue]

HOA's, CCNR's it amazes me how Americans find every way they possibly can to not own the land they own. Never ever ever buy a house with HOA or CCNR. You deserve every problem that arises when you do.

[@demar1496]

Interested if you can expand upon the recent NC Supreme Court decision (C Invs. 2, LLC v. Auger) if CCRs have NOT been referenced in the chain of title for 30 years, and what you think will make title companies start insuring over the CCRs which that decision implies are 'extinguished' (save for residential usage). I am aware of the case 'Steve Sypher Designs, Inc. Vs Mickey C. D'Loughy' which appears to be relying on the court decision (July 2024) and I'm wondering at what point such lawsuits will not be required (if ever).

[@pcatful]

But the city can take over for an HOA after the HOA is done. The development was an agreement with the city. No HOA, no Architectural Review Committee but the city employees make the judgement and notify hundreds of neighbors. Actually ANYONE can comment to the city and say what you should do, and you wait months and pay for the whole thing.

[@josephpadula2283]

Detached garages were originally barns for the horse . Then cars with that dangerous gasoline that caused fires and people did not want to burn the house down! Then cars were safe and detached garages were only in older houses and associated with being poor . Now we have electric cars burning up once again and it Is associated with being Rich and cool … So tell your client to get a Tesla and the fire dept will help you get a detached garage !!

[@iztherelife1340]

Wish I had found this woman when we were battling unfair easement case We ultimately had to sell our beloved property Completely crooked system in Marshall, AR

[@mrl22222]

why did you buy the property with the "unfair easement" to begin with..

[@iztherelife1340]

@ there isn’t really an easement One mistake after another with idiot judges The original owners sold lots of land in the area and a lot of them they wrote in 60’ easement for all roads crossing property They meant public roads Not private drives Common sense did not prevail it was ludicrous to think we owed the neighbor access thru our property simply because he didn’t want his visitors bothering him by driving by his door He had full access to all of his property and did not need to be on ours I figured the judge could see that when she walked the property and saw he bull dozed all of his new roads all over and did not cross our property to do so She is crooked at a cork screw and the neighbor was an attorney We couldn’t win

[@2Truth4Liberty]

Of course it carries a lot of risk that someone may contest what you are doing but it seems like you could do something similar to adverse possession ... ... openly violate a restriction for X number of years and if no one contests it, such restriction is no longer enforceable.

[@JustMe-gx4xt]

Is there limitations time on something like that?

[@2Truth4Liberty]

@@JustMe-gx4xt Yes, THE TIME LIMIT varies by State for adverse possession, I know in Kansas it's 25 years, so no quick fix.

[@CD-vb9fi]

If you have to "ask for permission" it's NOT "your property". You are just a renter.

[@jefferykeeper9034]

Can the power company tell you to use on your side of the power disconnect?

[@MurderMostFowl]

Sentence words missing confuse lol

[@mrl22222]

only if you want power. *technically* if it's on your house, it's the NFPA who sets those rules, If it's regarding a pole or lines, they have an easement on your property and the rights to use it per the easement.

[@jackarnold7887]

HOA's have CC&R's and all that purchase within an HOA must sign and agree to abide by these restrictions. In Florida, CC&R's must be refiled every 30 years. If they are not refiled they become unenforceable per Florida Statute 720. It isn't one size fits all, each state has their own laws that apply to CC&R's.

[@Bobrogers99]

I have seen a situation where there was a deed restriction that the current owner ignored, and there was no grantor heir living in the area and none of the neighbors objected. Maybe somewhere down the line a title search will unearth the restriction, but for the present owner ignorance is bliss. ;-)

[@Whooboy400]

Can 9 small parcels of land be combined to make one parcel or piece of property? Combined the property might be just shy of an acre.

[@gorgeousdzastr]

With the development example how does a group of home owners get an idea through to the board so there can be a vote or process to remove a restriction? Also what about a developer coming in and buying an abandoned development that had restrictions so bad everyone moved out? The later is an extreme situation but thought the topic could be addressed.

[@mrl22222]

well, in your "abandoned" situation, if the land is still owned by the first developer, negotiate with them to remove it. if it's now owned by 20 people, get your checkbook out...

[@biskit7]

If a land owner puts a ccr on his lot, then you buy the lot. Aren't you the new owner, and can you just change the ccr to your needs?

[@mrl22222]

no. you bought the lot with those restrictions. It was a term of the sale, just like the price paid. So you just signed a contract and your first thought is to violate that contract because you never had any intent of following the contract, It almost sounds fraudulent.

[@patmclean1951]

@@mrl22222interesting. So one should really read the entire contract or have someone read the contract to fully understand the agreement. This sounds obvious but, sometimes we take the short cut and not read to understand things.

[@DachiaTheDogMom]

If there is a road that was developed in 3 different sections, with 3 sets of CCRs, and a few of the homes were not included in any of the CCRS, and there is no organization, can those be killed?

[@kylelaw7210]

How can CCR be enforced and who can enforce them?

[@SgtSnausages]

1) The Courts. 2) The Judge/Magistrate. You will be issued fines and found in Contempt for not following the Judge's Order(s). At that point, it becomes Criminal and standard Law Enforcement gets involved.

[@kylelaw7210]

@ SgtSnausages Would someone have to formally complain in some way for the courts to get involved or would you have to be sued by someone else that the same CCRs applied to?

[@SgtSnausages]

@kylelaw7210 Anyone who can demonstrate "standing". Basically anyone who the Courts would believe has been wronged or suffered damages. Piss off a next door neighbor? Karen down the street? The city/county/state? It could be literally anybody ... for any reason. The Courts will rule on whether they have a valid Cause Of Action or not. And the don't "file a complaint". They file a lawsuit.

[@thirdeye7611]

Another property owner can sue you in a court of law to enforce them if they want to create a problem for you. They can claim the violation brings their property value down. They are usually control freaks. They usually overlook their best friends and their own violations.

[@gimcrack555]

I'm in the boonies and ever project I do on my property. I build where I can tear it down if need to. I never search or obtain a building permit. I just do, no one here is going to say anything. If one day, someone say you can't do that. Simple solution just remove it. I always start with, I'm still making payments on it. As someone else build it there or place it there and I'm making monthly payments on it. Because they think, well if I don't finish making payments. It can be simply be repossess. I just remove it if there is any problems with it. None of my structures are permanent to the property. All can be easy disassemble.

[@zimvader25]

Ok.

[@mrl22222]

and yet you still want insurance, electricity, and police and fire protection. Maybe there should be a way for you to opt out of all those things.

[@rapierce99]

This shouldn’t be ever be a thing. You buy something it’s yours and should do with it as you please.

[@shanec.7105]

This is the most crazy thing. If the owner is dead then the CCR should be dissolved unless the ownership is passed on to the new generation. This how crazy the world is.

[@bombproofbushcraft]

Why not convey the property to the private and stand on your 4th amendment rights? Get the property un-registered with the govt and send the HOA a letter that they no longer hold contract with the new owner (private individual) and then you have effectively broken the contracts with the old owner (PERSON). Yes it can be done, I see it happening.

[@redwhiteandbluebonnets8180]

I just wouldn't buy with any CC&R attached to the contract. Cross them out and initial, see what happens. If they don't want to sell, that's their right; but if I don't want to agree to limitations on my personal use of my person property, that's MY right.

[@KeithLuttrell-fj7tu]

Don't you have to get a witch. To remove a HOA you need VooDoo and a live Goat named Robert.

[@shanehanson6013]

They are just barely better than and HOA it sounds like, a bunch of busybodies think they know best how you should use your land. For context and HOA is like living in North Korea. While these are quite bad, just not the absolute worst possibility. What's wrong with people. The most fundamental right is the right to your property. Doing anything to interfere with another persons right to use their property, is pure evil. The only thing worse would be to interfere with their right to live. I bet the serfs of the middle ages had more privileges in how they used their land, than some people that "own" property today.

[@patrickday4206]

CCRs should only be granted for a maximum of a lifetime otherwise they should have to get government zoning restrictions.

[@fishgutz4272]

Most covenants expire after 20 years or can be voided by the HOA residents. Problems can arise when a corporate developer grants itself a majority of the "weighted" votes and block every change to the covenants.

[@MissLibertarian]

Why would somebody prohibit a future owner building a detached garage? They wouldn’t. It must be a PUD or have an HOA. I can see a property owner by a lake subdivide their lot and restrict the ability of one lot to build in such a way as to block the view of the lake of the other lot. That makes sense and increases the value of the lot that has the protected view for subsequent owners. Some types of restrictions get voided by state or federal law, such as prohibitions on buyers by race, or garage conversions, adding an accessory dwelling unit.

[@RyanWebber]

There's plenty of reasons why. You might not think its a good reason, but its still a reason.

[@MissLibertarian]

@@RyanWebber I can't think of any bad reason why, either. Suggest one. People do this to protect their memory of a place, or because they still own the neighboring property, or have a political statement to make about the land use.

[@SgtSnausages]

These things ought to be limited ... similar to how The Rule Of Purpetuities doctrine works. For the same reasons. How we have one and not the other is ideologically inconsistent.

[@VictorGigelu]

Please assist Ironland!

[@YepTriedToTellYou]

Can CCR’s be removed from a property in a subdivision?

[@TheRealEstateLawyer]

@@YepTriedToTellYou highly doubtful

[@briantracy1324]

@@TheRealEstateLawyer Bury a dead relative or family pet on the property , get property declared a cemetery , do what you want afterwards as you are now free of CCR's and HOA rules.

[@myd0gr3x]

HAS ANYBODY ever heard of the Land Patent?

[@nebiloinet]

Please assist ironland

[@ghostpepperrides4805]

Just repeating the same information does not help.

[@nospam3001]

Can deed restrictions be removed through adverse possession?

[@BikeNZ-q4u]

PLEASE HELP IRON LAND

[@charletonzimmerman4205]

How about "RACE" covenants, "RED LINING",?

[@mrl22222]

my neiborhood had one in place until just 15 years ago (and this is in seattle). While unenforceable, it was still in place. There was a process laid out in the covenant laying out how to change it. We had to get 80% of the current property owners to physically sign a document during a special meeting, all the same day! We finally got it changed. There were many attempts to get it removed through the courts prior, all were unsuccessful.

[@lewchishelltaya5745]

5:29 to get to the point

[@patmclean1951]

Is this a US thing?

[@Richard-ob5zn]

As in the 'God Father" just "make them an offer they can't refuse".

[@TotallyGeneric-fbz]

Help ironland

[@HvilleTnVols]

Build the garage. Don't even worry about the restrictions. This is a civil matter. And if those people don't live in the neighborhood, who's going to sue you?

[@thirdeye7611]

Your neighbor next door with the same covenants will sue because they have the red ass.

[@HvilleTnVols]

@thirdeye7611 so you're assuming they do have the same covenants? If anything that would pretty much get them permission to do the same. And when I said it's a civil matter that's what it is. Yes, they would have an option to sue you. But what are the damages?

[@thirdeye7611]

@HvilleTnVols The damages would be a claim for loss of property value. Example if they were to sell. I don't agree with that if it's a minor infraction and you are not trashing the neighborhood. Some people are hateful nit pickers and control freaks.

[@jerryglasses]

All single property general use restrictions should be banned. The only exceptions shoula be for bonafide easements, mineral rights, PUDs. There needs to be a reasonable mechanism for change which an HOA would provide. The SC even recognized that a past congress cannot bind a future congress. For example, historic preservation should be done through code not covenant. The needs of a current people shouldn't be determined by a previous generation.

[@peterwaugh4734]

Do you want to fight the homeowner's association? Those guys couldn't rent an apartment at all. The inspector has not stolen your cool electric chainsaw, so let him enter. What have you purchased for a snoop dog? And similarly, they will install your blinds, do not harm any wall with a poor choice of tapestry. When you see a paint can outside, then place your nasty @%& handkerchief underneath.

[@hillwooky]

It's called "separation of rights". Perhaps you should study how property rights work.

[@TheRealEstateLawyer]

Oh thanks. Never heard of that 🙄

[@rgarri6396]

I love the people who move in to a HOA and then bitch about the rules. Read the rules and if you don’t like them, don’t move in and complain. We don’t want trash in our area.

[@paul9813]

found the asshole everyone complains about

[@francismarion6400]

But what if it's you that is the trash?

[@rgarri6396]

@@francismarion6400 it could be, but we don’t want you in our community if you don’t go by the rules voted in by us! This is very simple, don’t live with us if you don’t like our screwed up ways.

[@mrdiggie3321]

CCRs don't only apply to HOAs. Some of the CCRs can be ridiculous. Some old CCRs are so bad they're now illegal and unenforceable.

[@this_epic_name]

HOAs hate individual freedom.

[@Dancing_Waffle]

Please assist Ironland!