Legal Question in Real Estate Law in Georgia

we have a very restrictive covenant. we did not sign any covenant document and did not know about it until until we moved into our house and the previous owner left the covenant on the counter. we just bought the house in may. are we bound in anyway by this vovenant?

Asked on 8/02/10, 4:40 pm

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

No one here has the documents, or knows what is filed with the county records. These are things you should have known before purchasing the property since it is assumed you know what documents are recorded.

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Answered on 8/07/10, 4:49 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Almost certainly you are.

One NEVER buys a home without having a lawyer of your choice review the sales contract, and then without doing a title search and owner's title insurance. Part of that process involves searches on land records for HOA documents.

Even if you made the gigantic mistake of omitting those steps, you are bound by anything recorded. You learned a valuable lesson as to buying your next home. You can't fix this mistake, which was your fault for not doing a search before signing.

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Answered on 8/07/10, 6:24 pm

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