5 acres in the country.... NO LIVESTOCK?!?! *EDIT*

[Chiefs Mess]

I would go to the Courthouse and look into how the deed was written. And they houses around you. Now I am in VA but, we bought 5 acres on a private road. In everyone's deed it states the land cannot not be divided and no single wide homes. Well, someone bought a repossed home. They divided it and put a single (an old broken down one)wide on the other half. Called the Courthouse and pretty much was told "what you want me to do about it".
Like my father always say. "laws are made to be broken"

Good Luck

 

[farmerlor]

We have some cutesy poo little development down the road from us where all the houses are on 5 acres-this is actually a very large development encompassing a lot of acreage. The covenants on these properties state that the owners can have two horses BUT they must be kept in a specific sized corral with a shelter, they are NEVER allowed to graze those five acres and there are NO fences allowed. I'm thinking, what a waste! These people couldn't even have a decent garden with no fences to keep the deer out, let alone chickens and what's with the not allowing the horses to move around or eat? Why have them? As Ripley said "did IQ's suddenly drop while I was away?"
Okay, I'm done.

 

[Lensters]

Quote:
Notice my previous post where I mentioned that the title company and/or realtor are liable if the easement or covenant wasn't disclosed prior to closing.

Also notice that I mentioned that not all easements or covenants are enforceable and the OP should check with a laywer.

It isn't quite a clear cut "I didn't know, so it doesn't apply to me". If the correct documentation is in place with the county then it goes back on the title company and/or realtor.

 

[wjallen05]

Thank you for the replies.

I just got off the phone with an attorney, he is going to call our realtor and "some other people" and get back with me.

 

[Countrywife]

I hate to be the trouble maker, BUT, if you signed that contract, you have a moral obligation to abide by the rules. I don't actually believe "rules are made to be broken". Rules are designed to give everyone a standard. Not saying I agree with all rules, and yes, I would fight them if I found them unfair or arbitrarily enforced. But to sign a contract and THEN decide to break it, just cause you want something you can't have, is wrong. I am not accusing the OP of doing this, I am simply saying to plan to break the law is not something society needs to do.

Now, that being said- if it was not disclosed to you prior to your purchase it is unlikely they can enforce it. If it was disclosed to you prior to your purchase- you knew what you were getting into.

 

[wjallen05]

Well, that's the whole thing, is that I had NO IDEA about this until yesterday. We've already signed a contract but there was NOTHING stated about no livestock.

Btw, what does "OP" mean?

 

[Barred Rocker]

Some rules are totally unfair and uncalled for as I believe the case is here. If the no livestock rule was so important to the seller why wasn't it made more obvious in the contract? Sounds like because he knows he'd have a hard time selling the property if he did and once the buyer closed there's the little "oh by the way there's this little rule in the fine print" that you have to do what I say on your own property. Personally I don't see how something like this can be enforced unless there's a neighborhood covenant or a zoning issue with the county. What happens if you sell the property with no such rules, or the next seller? Doe's the original seller still have say? I think it would have to go beyond a simple contract clause and it would need to be obviously disclosed.

 

[Countrywife]

Well, you have an attorney on it, so that is good. Unlikely they can enforce it without you acknowledging it. You simply can't do that to people. I can put limits on my land, but I must disclose them to the next buyer. I think you might be ok, unless you signed it without reading it. Do you have your deed? It is usually right in the deed description. Possible its not, and I don't know what state you are in, but in my experience doing that for a living, its in the deed.

OP= original poster.

 

[littlethorn]

Quote:
I agree with everyone who says checking with a lawyer is the right thing to do. If you weren't advised beforehand then you would have some recourse that way. Also as other have already stated, deeds can be amended. The key is to go within the proper system to get this worked out as just getting some hens without looking into it first can cause you to run into trouble down the road.

 

[seedcorn]

Quote:
If this was in writing, why did you buy this place if you wanted animals?