QUESTION
How long do deed restrictions stay with a property?
Asked on Jun 04th, 2018 on Real Estate - Kentucky
More details to this question:
As executor of my dad's estate, I recently sold a two acre lot to a builder who planned on putting one nice house on it. Now he plans to have it rezoned and put a bunch of small rental houses. I was not aware of previous deed restrictions, which were referenced in his deed by the deed book and plat book numbers on file, but not specifically spelled out. The one restriction that was included in his deed was that " the dwelling must be consistent in design and material compatible with existing residential structures" in the county clerk's office." There are $300-400K houses directly facing and across the road from this planned development, but there are some smaller lower priced houses nearby, so they could make that argument in their favor. However, the deed restrictions in the referenced deeds included, among others, that this lot is subject to a permanent restriction limiting its use to hay and grassland only. It floods, and the buyer was aware of that at the day of purchase.
1 ANSWER
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Covenants and restrictions placed on real estate remain enforceable indefinitely, unless all property owners subject to said restrictions agree to the change or the restrictions are found to be illegal. If the deed to him referenced the deed book and page number containing the restriction to "hay and grassland only", then he took title subject to that restriction and has no recourse other than to ask all persons benefiting from the restriction to release him or, if he is unable to do that, he will have to file a lawsuit in Circuit Court of the county where the land is located. In order to prevail, all of the present owners of the properties which benefitted from the original restriction would have to be made parties and he would have to convince the court that there is a reason that the restriction should be released, i.e., it no longer is relevant or is discriminatory.
Answered on Jun 05th, 2018 at 9:07 AM