Legal Question in Real Estate Law in Georgia

Covenants

We bought into a new development 2 years ago with a restrictive covenant. We saw this covenant as a way to protect our property value and keep the neighborhood looking good. This covenant was a very important factor in us purchasing this home.

Among numerous items, the covenant is specific to outbuildings, boats and RV's, i.e., ''they cannot be in the drive or seen from any neighborhood road''.

My problem is that several homeowners claim to have closing documents from the builder/developer that allow them to have such immunity to the covenant that they can park RV's and boats anywhere on their property. They claim this was part of their deal or purchase on their home.

If this is true how can a builder/developer get my business based on a covenant and then change that covenant to get other business?


Asked on 5/06/02, 2:25 pm

1 Answer from Attorneys
Ms. Tran Lankford Tran Lankford, Attorney at Law

Verification

That does sound a bit strange. What usually occurs is that most people have no idea that they have Declaractions or covenants in their community, thereby ignoring the restrictions. The covenants pass with the land, not the owner. It depends on how you want to handle the situation, but at least have a deed search done.

Read more
Answered on 5/07/02, 10:03 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Georgia