Legal Question in Real Estate Law in Pennsylvania

Deed Restriction

I live in Guilford Township in the state of Pa. I would like to install an above ground swimming pool in our yard. I contacted the township and they have no problem with this. They do not enforce and restrictions based on a deed. My problem is the deed has an attachment that says among other things "No above ground swimming pools". What I need to know is how do I get this changed for my development( 8 homes are involved)? Can I just get a signature from each home owner that they do not mind if I install an above ground swimming pool? Would that hold up in court?

Asked on 2/19/98, 10:04 am

1 Answer from Attorneys

Miriam Jacobson Law Offices of Miriam N. Jacobson
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Deed Restriction

A real estate attorney should review the exact language in your deed/attachment to determine how to approach this. A document, in recordable form (so that it would be accepted by the County Recorder of Deeds for recording), signed by all the people in your development with similar restrictions, may be what's needed.

In addition, you or an attorney should research the zoning and use ordinances in your township. Although the township has indicated that it doesn't "enforce and restrictions based on a deed", you may wish to submit a formal appplication for approval of your project before you sign a contract or have any work done. Even if above ground swimming pools are permitted in your zoning district, you probably will still need a building permit from the township.

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2/24/98, 12:02 pm

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