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Protective Covenants Buying A Home



I


n addition to zoning, some      buy gone wrong because of a       
properties have covenants       protective covenant.              
recorded at the courthouse                                        
that "run with the land." These       A protective covenant may         
"protective covenants" can put a      restrict the number of parcels    
serious pinch in your plans for a     into which the property can be    
piece of property.                    subdivided. Thus, you could find  
                                      yourself in a situation in which  
Protective Covenants                  you buy a one hundred acre parcel 
                                      with an eye toward subdividing    
A protective covenant remains in      it. Upon researching the issues,  
effect as the property is sold        you discover the zoning laws      
from owner to owner. The              allow the parcel to be cut into   
covenants are designed to             quarter acre lots. Visions of     
maintain a certain aspect of the      profit swirl before your eyes.    
area in question. The covenants       Your development dreams, however, 
may require a particular              could turn to nightmares if there 
architectural style or use for        is a protective covenant.         
the land to mention only a few                                          
areas of restriction.                 Assume you go ahead and purchase  
                                      the parcel. While showing it to a 
Land in a scenic area may have a      friend, a neighbor from down the  
protective covenant that prevents     road walks up and introduces      
certain types of development for      himself. You excitedly explain    
the land or properties on it.         you plans for subdividing only to 
Importantly, these restrictions       be shocked when he tells you      
may not show up in the zoning         there is a protective covenant    
laws, so make sure you research       that prevents the creation of any 
the issues before buying. Let's       lots under ten acres. What if the 
consider an example of a great        covenant restricts ANY            



subdividing of the parcels? That      should ask the seller whether any 
great deal you got on the parcel      exists for the property. Second,  
may not look so hot when the          make sure you buy title insurance 
protective covenant is factored       as the title company will         
in.                                   certainly look for any protective 
                                      covenants before issuing a        
So, how should you deal with          policy.                           
protective covenants? First, you      

                              






About the Author:

Raynor James is with http://www.fsboamerica.org - providing FSBO homes for sale by owner. Visit our "sell my home" page at http://www.fsboamerica.org/seller.cfm to list and sell your home for free for one month. Visit http://www.fsboamerica.org/buyer.cfm to see homes for sale by owner.

Source: www.isnare.com


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