restrictions

[45Frank]

What is the name of your state? North Carolina
This is my last attempt at suggestions before going to an attorney.

There are 6-7 homes in this little hill in the mountains, well reciently a year ago had new people move in to one of the homes, all are on 3 acres or more except this one.

Well the people have a trucking business run out of there driveway all hours of the day and night truck in truck out, racing of the motors and the stink beyond control most times(Diesel). Restrictions clearly state no commercial business'.

Second they have have 4-5 dead vehicles all over the place, restrictions state no unregistered vehilces unless covered by buiding.

Third they bought in a second double wide mobile home on the property, restrictions state no more then one dwelling per property. Building Dept. says they only inspect the building and have nothing to do with restrictions. ( Home was never completed and they do have a C, building inspector says he will be looking into that, that was a week ago no return call yet)

There is no Zoning in my area.

The County isn't interested because of no Zoning.

 

[BL]

Who set the restrictions then ?

 

[nextwife]

Who set the restrictions then ?

The developer/prior owner can set out E&Rs for properties when they sell them.

The other property owners can hire an attorney and take it to court to order compliance with recorded E&Rs.

 

[45Frank]

Who set the restrictions then ?

The origional restrictions were written buy the person who divided and sold the property, just a commen Joe.

 

[nextwife]

The origional restrictions were written buy the person who divided and sold the property, just a commen Joe.

WE see that pretty commonly here. Many, many, many subdivisions in which E&Rs were created when a small parcel of land was subdivided, and there is no HOA. I am on a block that was developed by a small investor in the 1950s, Just a block- but there are very specific recorded E&Rs, and they are enforcable if one took a neighbor to court for compliance.

 

[easement2006]

How do the other neighbor's feel? You could either band together with them and take him to court (in which case, it sounds like you would very likely win, but it just takes the upfront costs), or perhaps you could form a Home Owner's Association? That way, the association might have the ability to step in and enforce its regulations. I'm not sure what it would take to start one, or if you could force that property to join, though.

 

[Proejo]

You should take this to a competent attorney well versed in real estate law first. Once the attorney reviews the specifics and makes a recommendation as to a specific course of action, you should then ask all of your neighbors to come together for a gathering at your home to discuss this. Have dinner and talk about this in a relaxed way. If the neighbors see that you've done the legwork and have a positive outcome available, then they will most likely join you in seeking a remedy. Strength in numbers is always a good idea.

 

[pojo2]

The origional restrictions were written buy the person who divided and sold the property, just a commen Joe.

Hopefully the restrictions were recorded.

 

[45Frank]

Hopefully the restrictions were recorded.

Yes they were, I spent sometime in the county seat this week and found them. But one of the homeowners came up with enother set after the origional but I searched all the deeds and non where found, they were stamped buy an attorney and seemed to be signed, a very crude hand written paper.
I went to a local attorney on thursday and he reviewed the restrictions I got from the county and they are very specific he says. He stated the others may have been agreed upon by others before I moved in but were never recorded in the county, or not properly anyway, their problem, ?? he stated there is a time limit to file or record and I don't remember what that was and these are dated 11 years ago so I'm sure there over the time limit.
Now I must wait to see if the money to fix the road is more or less then the attorney will be getting to enforce them and if we do win will we ever get the money.
The people are split basically three- three on enforcing. The people causing the problem don't use the road they destroyed, they also rent and the owner has stated he anin't paying nothing.
We've tried to talk very friendly but get the salute, cursed at. the man sits out in is boxxers for all to see what he doesn't have.

 

[earlofcrankcase]

I am in the same situation. We have started a collection because we have no formal association either. The attorney is going to cost $3500.00 in houston tx. It has not gotten far enough along to give you any advice yet. I think that any civic association you get going needs to be incorporated so the officers can not be sued. My cpa told me it would cost $750.00 to incorporate my construction co. So I figure that is about what it will cost for the association. We have been told that the city will access fines daily for non compliance once the case is heard & found in our favor. I don't think you should even consider fixing the road till the problem is gone. Good luck.