LOng/restrictions enforceable?

Crisco, while I think it is utter BS that anyone can tell you what to do with your own land (unless it is affecting the health of those around it) restrictions go with the property. I ran into some wetland restrictions on my own place. Initially I had checked on the status of where the wetlands ran through my property and placed my mobile home on a dry spot. About a month later the wonderful Wisconsin DNR does a flyover and decides that now that 4 acres out of my 4.6 are wetland. I never knew about it until two years later when I got a letter stating I had to remove my mobile home. Wound up selling the place and actually made a little money. I hate to say it though, when it comes to restrictions your always on the loosing end of the stick

One thing that gets on my nerves is when I hear other people whine about someone's junk pile, beat up house, or large amount of junk cars. I always say if someone cares that much about how their neighbor is keeping up their own property maybe the whiner should go over and help them out instead of complaining. I guess they must not have enough drama in their own life and have to create it in others too.

Yes you will have to get a septic permit. Look in your local phone book under the State of Tennessee Ground Water Protection, or you can call the Health Department and they can give you the number. And yes, you will have to abide by the property restrictions. You can spend a lot of money fighting it, but in the end the restrictions will still be there.
Mike

thanks for your input phil and mike. I hate restrictions...and never should have bought property with any in place. That said its a done deal now and I will make the best of it.
Phil your story sounds so much like government gone wild. My father in law bought I think 100 acres in northern minnesota. NO restrictions. he bought it about 35 years ago. Now that he has retired he wanted to build on it. State told him no. I believe it had to do with the septic. He agreed to do anything..mound system, incinerating toilet, etc. state told him no. Finally he got mad...and although FIL and I dont get along on much, I have to agree he was right on this one.Went higher up..not sure how high...and now,..,after about 4 years of trying he has got his home on his property.
We are a very much a mind your own business family. People come and go though out the neighborhood, and I pay no attention. If my neighbors don't mow their grass...what do I care? They can put up whatever, as you said as long as it doesn't effect me health wise..what do I care? Now i am NoT talking a septic that is not correct etc. That does effect others. I wish we lived n a mind your own business society, and I think Gvt is the first thing that should butt out.

Junk cars harbor rats. Where I live, that means hantavirus. Uncut grass, untrimmed trees, etc mean no defensable space should a wildfire come--which happens regularly.

Sometimes regulations that seem like nosy intrusions really are for the common good.

and sometimes they are nosey intrusions.............

I've never understood the "cars attract rats" idea. Having grown up in a junk yard, working in one for years and years, we didn't run into rats very often at all. Snakes a bit more, by far, wasps were the biggest attractant.

The "rats" excuse must be a real bummer to farmers who have food stored, all those outbuildings, etc. I've seen a ton more rats in barns, sheds, corn cribs, chicken coops than I ever did in a junk car.

As far as grass and a "defensible area"... hey, if they want to have tall grass and their house burns down... so be it.

LOL, most folks wouldn't survive where I live because a LOT of people have overgrown yards and junk cars. Although we don't have any junkers sitting around, I am glad to know that I could if I wanted to.

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seedspreder I had 110 cars once Only rat problem was two legged .Know a man stored a bunch of sweet potatoes once an the rats came from every where to try to get some . If i ever find that pot of gold General Lee planted i going to put me a house in the middle of a 100 acre field an a gate at the road maybe even a small gun tower

Restrictions like that have to be spelled out in a recorded document somewhere along the line. Sometimes that's done with a deed, but it can also be done with a document filed by the developer, such as CC&Rs or Declaration of Restrictions. You could hire a lawyer to search the county records for you, but you would be just paying him to do something you can do yourself.

The logic is that the restrictions grant certain property rights to the developer and/or the community. Once that's done in the recorder's office (either by deed or CC&Rs) the restrictions "run with the land". In other words, once those property rights have been established they normally can't be taken back by subsequent property owners.

Even if the developer is no longer in business and long gone, the other property owners living under the same restrictions can still most probably enforce them. Judges assume that the restrictions force property owners to maintain their property in accordance with the restrictions to preserve property values in the vicinity, so judges usually support restrictions.

As for not being aware of the restrictions, that may be true, but if the restrictions are filed in the recorder's office you have the responsibility to research those public documents yourself. By definition, recorded documents are posted for all to see, so they were available to you all along. Unfortunately, the fact that a seller or realtor didn't mention CC&Rs is not a good defense.

However, if you still want to fight the restrictions, the most common successful defense is that the restrictions either haven't been enforced equally, or not at all. If the property owners let one person get away with something, they have to let everyone get away with the same thing. If the restrictions haven't been enforced at all then you could make an adverse possession assertion through a quiet title action (hint: think of restrictive rights as actual real estate, because they are).

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Seedspreader... no rats but we did have a few field mice make a home in the old Chevette my grandfather parked in the pasture behind the house and then forgot about for 15 years. The car was full of wasps too. In the end stuff had started growing up through the floor of the car, and someone bought it for $100 or so. It was a shame because I loved that car.

A lot of restrictions have reasons behind them that seem to make sense. That's part of why they get passed in the first place. Just because something seems to make sense doesn't mean you need to immediately force everyone to do it. (But for a municipality regulation, once it has been passed you need to change it, not skirt it. And don't buy property with restrictions that you can't live with!)

Kayleigh

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