Legal Question in Civil Rights Law in Montana

where i live in montana in a subdivision there is a covenant that states what people can put on there property i have issues with neighbors going against those rules that were set before the division was developed what can i do as a home owner to inforce the covenant with out costing to much in legal fees. The president of the covenant has been informed and isnt going to follow through with fixing the problem. The neighbors each have a copy of the covenant set fourth.


Asked on 3/27/10, 4:20 pm

1 Answer from Attorneys

Marcia S Wertenberger Marcia S. Wertenberger, Esq.

There is nothing you can do to bind people who built prior to the CC&Rs;were in place. Only if these things amount to a private or public nusiance (very hard to prove) can you take them to court for a permanent restraining order - very expensive also. The only thing you might check is whether this was required to be disclosed to you prior to your purchase - call your states department of real estate for this information - your best bet.

Good luck

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Answered on 4/02/10, 3:35 am


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