Kentucky  |  Real Estate Law

Legal Question

Asked on: 4/06/04, 8:05 pm

Deed Restrictions and Developer Approval

We recently purchased a home in a community that has deeded restrictions. Before the purchase of the house, we worked with the developer who gave us approval to make an exception to the rules regarding fences because of the unique pie sized lot we have. In return, we agreed to keep the fence further off the sidewalk than we originally have to according to the rules. However, a neighbor is now threatening law suit and says the developer had no right to give us permission. We have two written approvals from the developer. In the deed of restrictions, it says that the developer may alter these rules where not in conflict with zoning so we thought he had the authority and never gave it another thought. Can the developer excercise these discretions and can I present my approvals in my defense in court. There are 2 other homes with this exact violation and many others that the developer has made exceptions on.

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