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Experienced Representation In Business Law, Estate Planning And Tax Law

Experienced Representation In Business Law, Estate Planning And Tax Law

We have been serving the legal needs of clients in the Godfrey area for more than four decades. Our attorneys make the law accessible to our clients, explaining complex legal concepts in plain English and helping them make well-informed decisions about the future.
Schedule A Consultation With An Attorney
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Buying a home and dealing with CC&Rs

| Jun 30, 2021 | real estate law |

Purchasing a home is a major step to take in life. Thus, it is important to understand everything one is getting into before making a large purchase. While the transaction is primarily about obtaining a home, it could also encompass specific rules on how the real property is used. When purchasing real property, covenants may exist, making it imperative to understand what this means.

Understanding CC&Rs

Covenants, conditions and restrictions or CC&Rs is a term that is commonly found in real estate documents. In most cases, when a covenant exists, it involves some form of condition or restriction that is placed on the buyer. The use of CC&Rs helps indicate any existence or the future existence of any limitations associated with the use of the land.

Covenants are most commonly used in planned developments, such as closed or gated residential areas and condo associations as a means to benefits all residents and their neighbors.

With regards to the legal effects of a covenant, when a restrictive deed covenant is mane, this could be continually enforced if it is properly recorded on a deed. If a mutual compact or agreement exists, such as two neighbors signing a private covenant, then only the people that signed the document are required to follow it.

Covenants and buying a home

A perfect home could quickly turn into an undesirable home as soon as the terms of a covenant are uncovered and understood. This is because CC&Rs could prevent the future homebuyer from keeping their boa tor turn on the property or even have a basketball hoop in the driveway or build a shed. Oftentimes, a title company will not obtain copies of the CC&Rs affecting the property until the day of closing, which is a time where it is more likely to have them overlooked. However, these terms are binding whether or not a buyer read, reviewed or understood them. As such, it is important for one to consider assistance from a real estate attorney

It is easy to overlook certain terms and conditions when an individual is so focused on the home he or she is about to purchase. This is why it is important to take the time to consider all the tiny details and fine print that comes along with a real estate purchase, as it could have legal issues one was not prepared to address.