Bird Freak wrote:
Tell your real estate agent to research it and if its not enforceable have it removed from the deed.
Maybe it works in GA that way, but I highly doubt it will work that way in most other states..
Here in PA, if it is "written in the deed" it must stay "in the deed".
The Deeds are a legal binding document, restrictions are often written into the deed to prevent certain uses, activities, ect that are not covered by zoning but are the wishes of the seller..
For instance, many properties I looked at many yrs ago had restrictions written into the deeds by the seller against mobile homes. My plan was to move a mobile home we owned that was in a trailer court (we paid lot rent) and the trailer was paid for.. Wanted to buy undeveloped property to eventually build a new home but move the mobile home on the property until home was designed and built.. Once home was built, then sell off the mobile home.. That would save use $350 per month in lot rent..
Ran into that restriction over and over and over, even with land that was several miles off road..
Absolutely no way a Real estate agent can remove such restrictions in PA, would take throwing a bunch of money to lawyers to even have a slight hope of removing restrictions from a Deed..
Best plan is to MOVE ON and find property that is not deed restricted or have HOA attached..
That is what we ended up doing, bought a old fixer upper home that actually had a mobile home also on the property..
Rehabbed the home and made the mobile home vanish.. Now I have property that has no deed restrictions, no HOA and no worries to me.
HOA and deed restrictions are all about attempting to artificially get and hold a higher property value..
