[AMRadio] RE: Fighting deed restrictions


VJB wa3vjb at yahoo.com
Thu Jul 17 17:52:06 EDT 2008


That's a pretty cool idea to strike out offensive language that would limit a homebuyer's ability to establish antennas on the property.  

But in my experience, the actual land use restrictions are not always contained in the Sales Contract that is the legal instrument  binding you to purchasing the property. I have encountered references to the buyer's proposed acceptance of  "all deed covenants" without detailing what they are. This could make it more difficult to make a specific change in contract.

And, trying to do that on the sly seems to invite legal challenges by the developer or the individual seller to enforce the purchase contract.

Thankfully, in today's soft housing market, it is probably more palatable to the seller if the buyer asks for a side letter or other reference detailing any deed-based land use restrictions. Then, when sitting down for signatures, use that disclosure as a place to strike out any offensive, unacceptable ones. 

The selling party would have to initial their acknowledgment of the changes. If they're hard up to sell, you've got a deal.


      


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