LOng/restrictions enforceable?

I don't know where "around here" is but there are no problems getting mortgages on a pier/post beam foundation. It is absolutely a foundation. It's just not a concrete/concrete block foundation. It's well secured in the ground on concrete footings. (BTW, difference in cost between what we did and a concrete slab was +4K more for a slab.)

All that aside, we don't have a mortgage. We have been building it for cash as we go. That's the best part, you can't spend more than you can do at any one time.

Parents have a house they built as they went along on a pier foundation in Northern Missouri and have insurance so I'm not sure how far "around here" extends.

They have about $50k in it counting solar/generator system and an outbuilding or two.

It depends on the type of restriction. My parents severed a piece of land with the restriction that the house could not be built within a certain distance of their house. This bound the purchaser. However he sold it without building and without including that restriction. The new purchasers were free to build wherever on the lot allowed by the town. Theat was what my parents' lawyer said when they tried to fight it.

I'm confused. Crisco, please answer me one simple question: yes or no. Are their any building restrictions or covenants....written in black and white....in the title for your 5 acre parcel?

I did google "clay county, tennesee" and found a half dozen different webpages that said there are NO building restrictions imposed on land owners in that county.

__________________
This is the government the Founding Fathers warned us about.....

I bought a piece of property at a tax foreclosure auction, and later found that it had a 'covenant" attached. The deed had a reference that said. ... this property is sold subject to the restrictive covenants recorded in book 275, page 492 and to the modifications of restrictive covenants recorded in book 275 page 814. The information and covenants contained in these documents are hereby incorporated in this document by reference.
I felt like it was my responsibility to look up and read the deed, and find out about the restrictions before I even bid on the property, which i hadn't done, basically bought the land because it had to be a bargain. Reading the covenants was pretty informative, for instance there was a section that called for a meeting of the property owners at the crossroad at 2:00 on the second Sunday in May, or some such. There were provisions for changing the restrictions. There were provisions for abandoning the covenant. The covenant was for all the new property owners but specifically allowed the original property owners to do anything they wanted. I thought that was pretty funny. I checked with some of the owners, none of them even knew about the restrictions. On the second Sunday in May, at 2:00, I stood in the crossroad, alone, declared myself the only member of the "association" present, voted myself president, and made new rules. LOL. did the whole thing on videotape, just in case I needed it.
But the rules they had weren't a real problem, basically they didn't want anybody to put up a junkyard or anything. Later I sold the tract, i told the buyer to read the covenants carefully and see that it wouldn't be a problem. Since it was not, I taped over my overthrowing of the "J H Fowlkes Property Owners Association" and moved right along. No longer my problem.

you absolutely must look at your deed to see if there are in fact any covenants or restrictions attached or referenced. That is the starting point. If there are none, and there are no township/county/state restrictions, then you are in the clear. It all starts with the deed.

I purchased a 60 acre piece of property at the end of a private road that runs through a development (with covenants) with deeded access on the private road. Everyone in the development has to pay a road fee yearly and abide by the restrictions. Everyone thought that the 60 acre parcel was part of the development. After checking my deed it was discovered that the 60 acre parcel was not part of the original development plat and that the covenants were not on the deed. Talked with the developer and he stated that they didn't include the parcel in the development as it was purchased late on and they thought the new buyer might want to divide it. He mentioned that late on some "things fell through the cracks" and that he probably should have included it. When this was brought to the attention of the rest of the development, it upset many people to find out that my property wasn't bound by the restrictions and that I had to pay no fee, like the rest of them, to use the road. Especially because I am at the end of the road and use the entire length.

Read your deed....

This is in Missouri.Talk to anyone about a Loan or Insuranance.They asked if its on a Foundation? We tell them No! they say there is nothing they can do for us.

big rockpile

__________________
I love being married.Its so great to find that one person you want to annoy for the rest of your life.



If I need a Shelter
If I need a Friend
I go to the Rock!

Well that's the difference then. The house pictured (looks great by the way) IS on a foundation.

Kayleigh

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http://kayleighjeanne.blogspot.com

Well here they don't consider it a Foundation.Plus because we heat with wood and our House is not in sight of any other Houses we can't get Insurance.

big rockpile

__________________
I love being married.Its so great to find that one person you want to annoy for the rest of your life.



If I need a Shelter
If I need a Friend
I go to the Rock!

Just not too sure it's good to enter a new property like this. Sneak around, try to cheat the system, etc.

The attitude is the puzzling part.

I'm not at all familiar with any type of agreement like this, so I don't really comprehend what body is enforcing what laws here. And the original poster only keeps talking about how they want to sneak around the rules they knew were there but were not told about.

So it's pretty hard to see the forest for the trees. Sounds like, I want to cheat my neighbors, I want to cheat my neighbors.....



Here in Minnesota it is rare - very rare - to not have a full basement in a house. Heard of a couple of slab houses, but don't think I could find 5 of them in a town of 14,000. So, seeing a house on wood poles is - different. I'm sure it is fine & to code & a good house. It just looks - very different.

--->Paul

Ignorance of the law is no excuse if your caught. Of course do as you choose , but be prepared for whatever consequences develop if the issue comes to light.

__________________
"I didn't have time to slay the dragon. It's on my To Do list!"

I'm surprised by some of the answers here. If the deed for the 5 acres does not include restrictions then the OP is not sneaking around or being a weasel if they do not work on the assumption that the restrictions on an adjoining 21 acre tract also apply to the 5 acre tract.

I have seen deeds of subdivision where there are restrictions on one part but not the others. I have seen deeds where the restrictions are for a certain number of years and some that are no longer legally enforceable.

All that said, I wouldn't do anything until I had a copy of the deed in my hands and had read it very carefully to make sure there are not restrictions that were somehow overlooked at signing.

You asked us and 99% say that what you are trying to do is just plain WRONG, yet you get mad at our collective advice and still try to justify your cheating and lying. ***SIGH*** I'm glad you don't live next to me. I would be the thorn in your side and the burr under your horses blanket and by that, the neighborhood would be the horse you are sitting on.

Do you cheat on your taxes because there's a chance you won't get caught?

If the grocery clerk gave you too much change do you pocket it, knowing the clerk has to make up the shortage?

If you found a wallet on the street do you return it or take the money and toss the wallet?

Honesty is the measure of a person. Only you can make yourself an honest person - we can't - no matter how you try to justify yourself.

Having bought my larger parcel of land Under restrictions and knowing and agreeing and signing off on those restrictions I have gone by the restrictions and if legally I am bound by restrictions on the smaller portion I will also abide by them. If there is a legal loophole I will use it to my advantage.,,and yes I am hoping for a Legal loophole. My original post asks if anyone thinks a loophole exists...meaning a legal way to do this.
No one went over any deed anything. but when I get my deed if it clearly states the restrictions, and I have no other legal recourse then I will abide. I NEVER said I was going to illegally put something there.
Opinions on here do not make me "mad" I asked for opinions and got some very factual posts, some with opinions, and some with lots of judgement,.but hey thats what happens when ya post on a forum.

Sorry, but when your original post says:
I guess most people didn't realize that "noone formally made us aware of restrictions.....wondering if we can sneak by" didn't mean that you were going to put something illegal there. I read the original post as a request for oppinion on just puting a trailer on the property, no mater what the deed restrictions are.

Michael

I'm sure your deed will make reference to the fact that it is subject to any previous covenants , restrictions , ect. , even though it may not spell them out .

That also is exactly what I have been replying to here, it seemed you were saying you wanted to cheat the system & didn't care at all about the restrictions even tho you knew about them & you stated they did apply to your newest property.

Made this whole thread pretty strange to figure out why you wanted our blessing to ignore the laws or codes or whatever you have there. When you know they apply....

Abnyhow, aside from the mobile home issue, pretty exciting to get moving on things, isn't it? 26 acres is a little bigger than a lot of folks start out with, good for you, do you have plans for all the acres?

Remember, the better you can place yourself in the middle of your property, the less you will bother your neighbors, and more important the less they will bother you. That seems to be a common theme on this forum, get 10 or so acres and build 30 feet from a property line, then be all bothered about what the neighbors are putting up next door.

Now is the time to plan for the future, make home where you want it. Think ahead.

Will be an exciting time.

--->Paul

Um, yes you can. It will be higher than a cats back, but it is available. Talk the insurance commissioners office and tell them that you need a policy, what the situation is, and that you may have to go wth the assigned risk program. Every state is supposed to have an assigned risk pool for situations where the person can not get insurance thru the regular channels due to claims, age of house, location etc.

Hope that helps

I didn't really want to hijack this thread. I wanted to encourage Criso41 that you can have your own home, cheap, if you do it yourself.

That being said, we have a foundation, by every single definition of the term in the housing industry, insurance industry, and tax industry.

We heat with wood, only. We have insurance and it's not expensive at all.

What I primarily get from rockpile is basically what they state on modular/mobile homes. A mobile home is considered to have it's own support structure. That classification is what is causing the problem with mortgages. The reason they want it on a "foundation" is so they can "attach" the mobile to the property like a traditional stick built house so there would be "value" if it was foreclosed on. This has proven to not help too much as it is still easy to repossess the mobile even if it's on a concrete block wall. Very little has to be done to take it down and drive off with it. A stick built home isn't designed to roll down the road.

So, in summary, a post/beam home is a stick built home by every single definition of building codes, standards, etc.. You won't have any problem getting insurance, permits, mortgages, etc if it's built correctly.

phalynx says
I didn't really want to hijack this thread. I wanted to encourage Criso41 that you can have your own home, cheap, if you do it yourself

Please hijack away, I didn't particularly like how the old one was going And I most certainly thank you the info. . Actually bought a book on post foundation homes a few months ago. They seem like they would be easier to build and maybe even more forgiving of 2 idiots trying to build. I am open to any ideas. I am also considering a basement (walk in) and just putting a cap on it. Its not the cheapest way to go.....but with 7 and sometimes 8 people living here..it would maybe be a good way in the long run. And it would be within any restriction.and easy to heat and cool. Anyone else ever done that? Of course I will have to manage to save some money first..as I am hoping it will all be cash from here onout