QUESTION

Who do I appeal to in order to modify a deed restriction from 1888 denying the restaurant I''ve operated since 1977 the selling or serving of liquor?

Asked on Mar 13th, 2012 on Real Estate - Maine
More details to this question:
In 1986 the state granted the business a liquor license. Due to advice from the alcoholic beverage commission, we didn''t use the license because the private restrictive covenants contained in our deed to the property concerning the sale of alcoholic beverages may cause private legal action against us.
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1 ANSWER

Real Estate Law Attorney serving Anniston, AL at Isom Stanko & Senter, LLC
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I recommend that you seek out a very good real estate lawyer in your area and follow his advice.  It will be worth a modest conference fee.  Restrictions on a deed are legitimate limitations on use, but most restrictions expire with a specified time frame.  If there is no expiration date on the deed in question, there may be some state statute that provides for an expiration after some given period.  It seems to me that the passing of 124 years (and with it the passing away of the community standards that apparently existed at that time) would argue for nullification. If there is no applicable statute, perhaps there is a basis for obtaining a court order holding that the restriction is now obsolete.  Since you no doubt would like to have your property insurable by a reputable title insurance company -- without exception to the restrictions -- your attorney probably should confer with a title company's regional counsel for assistance in resolving the matter. 
Answered on Mar 14th, 2012 at 6:41 PM

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