I thought it was legal but...

[Davaroo]

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And if you do, its a few chickens, right? Not exactly the end of the world, you know? Nowadays there is a bonafide grass roots movement to keep chickens, so you have a case going in...

 

[chandasue]

Our neighbor gave us a copy of the covenant yesterday. We're talking to a lawyer on Monday to see if we can get the covenant removed or changed, still hoping to keep the hobby farm dream alive. 5 other people are not compliant with the covenant that we know of. We'll see. It does list the developer as in charge of all decisions regarding structures, outbuildings and fences.

 

[Sonoran Silkies]

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As was stated in an earlier post, check your title and/or deed. If the covenant is not listed, then you're halfway home. Also check with the county to see if the covenant was actually recorded and legally controls property uses. If not, then you're probably home free without having to hire a lawyer. If the covenant is recorded, but it is not listed on your documents, then the title company is liable.

I could easily prepare a set of covenants, and make them look nice and official, but that wouldn't mean they are.

 

[chandasue]

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It is recorded, the person I talked at the courthouse must have missed it. It is not in our paperwork and when I contacted the title co, they pointed the finger at the real estate agent. So we don't know whose at fault without a lawyer. He sounded optimistic and has dealt with these things before. So we shall see what cometh.

 

[Sonoran Silkies]

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There is a reason it is called Title Insurance. It isn't the realtor's job to do all the background investigation relating to the property background--it is the job of the title company to ensure that all the t's are crossed and i's are dotted. They blew it. Yes, you need a lawyer.

I guess one of the questions you have to ask yourself is the emotional side of things--if you can't get the covenant voided, are you willing to move to a different property that doesn;t have the restriction?

 

[chandasue]

We don't want to move. We love our house and our property. But if we can't have the life we thought we'd have, I imagine we won't be living here as long as we intended. We would probably wait until/if the housing market turns around before making that decision. We've established a large garden and a dozen fruit trees. Every year that we would wait to move if we have to get rid of our chickens would be years we would have lost to starting fruit trees over and waiting for maturity for fruit as well. We just have to see how this all pans out.

 

[Davaroo]

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Im always curious to ask, "What makes one think the market will inexorably 'turn around'?"

It got to where it was artificially. That being the case, then only more artifice can bring it back......

 

[Sonoran Silkies]

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This is an area I am not sure of, so I am giving my opinion of what I believe is morally right. No idea as to legally right or correct:

You were provided with the information guaranteeing (insuring) that there were no encumbrances on your property other than any information that was actually provided. Since the information they did give you was not accurate and complete, the title company owes you the cost of a move to similar property that has no encumbrances preventing your small farmstead. They should also be charged with your legal bills.

Sad to say, I don't believe that you can void the covenant if it was legally enacted and recorded. That would not be fair to others who were told about it and chose to accept those contractual conditions. Your complaint iw with primarily the title company who did not perform to the level expected, and with the realtor who should have been aware of restrictions.

 

[chandasue]

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It's true, but by "turn around" I meant that people just start buying again, not that the prices will ever return to what they were.

 

[chandasue]

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That may ultimately be the outcome however several other people were also unaware of the covenant that moved here after the original owners foreclosed. So 5 or 6 others are in the same boat as us with the number of dogs and other "rules" they're breaking because they were also not made aware of the covenant. We won't know until we talk it over with the lawyer in more detail.