Legal Question in Real Estate Law in South Dakota

Homeowner Covenant

If I buy a house and am not told of or sign anything stating I accept the covenants of a housing subdivision am I still bound by them?


Asked on 5/03/07, 12:08 pm

1 Answer from Attorneys

J. Norman Stark J. Norman Stark , Attorney, Architect

Re: Homeowner Covenant

Dear New Homeowner: Your original Offer to Purchase must have contained some reference, if not all, of the covenants to run with your real property. ("Run" is a legal term for title-related issues and covenants.) As a result, you were on notice of certain controlling factors in your purchase and the deed itself, and in completing your purchase, you are deemed (held) bound by those terms, covenants and deed restrictions.

You should have had the assistance and guidsance of an experienced real estate Attorney in making the most expensive purchase people make in their lives.

Good luck.

Sincerely, J. Norman Stark, Cleveland, Ohio.

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Answered on 5/03/07, 8:57 pm


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