Property restrictions can come in many forms, and often puts property owners at odds with each other, tenants and the government. There are zoning restrictions that limit the possible usage of the land for a specific purpose, such as residential, commercial or industrial use. There may be HOA/CC&Rs (Homeowners Association Covenants, Conditions and Restrictions) that limit the changes possible on the property.
Do you have additional questions regarding property restrictions? Our real estate attorneys are here to assist you throughout the process and answer any questions you may have. Contact a real estate lawyer near you today.
Listed below are all such issues that may lead to a legal dispute between the owner and interested parties:
There are several different types of zoning restrictions, such as spot, buffer, contract and esthetic zoning. This last one is often a source of legal disputes because it severely limits the rights of individual homeowners on everything from the color of the paint to the roof type. Contractual agreements between buyers and sellers or landlords and tenants can place restrictions. These contracts have to be drawn up very carefully to ensure that restrictive clauses do not clash with state property ownership laws or real estate rental laws.
Local ordinances may also limit the freedom of a homeowner in terms of loud noise, lights and pets. These nuisance complaints may end up as a civil lawsuit between two homeowners, or a public complaint for disturbing the peace. The latter may be prosecuted by the government.
Do you or does someone you know need legal information regarding property restrictions? Our real estate lawyers are here to help. Contact a real estate attorney in your area today for more information.
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